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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 30, 201, the Defendant obtained a loan of KRW 1,30,000,000 from the Saemaul Bank of Korea, which was 490-1, the South Yong-gun, Nam-gu, Incheon, Seo-gu, Incheon, which was owned by the Defendant, set up a right to collateral security of KRW 16,90,000,000,000,000,000,000 from the Saemaul Bank of Korea (hereinafter “instant real property”).
Since then, the Defendant did not pay interest on the loan, and on March 25, 2014, the victim applied for a voluntary auction to the Incheon District Court on the instant real estate and received a decision to commence an auction on the 27th of the same month.
On April 7, 2014, the Defendant paid all interest in arrears to the person in charge of claims management at the Saemaul Treasury of the above Gun on April 7, 2014, and did not absolute act that damages the value of the instant real estate, such as lease contract and creation of various real rights without the consent of the victim.
The promise was made and the request was made to withdraw the request for auction of the real estate of this case.
However, on March 23, 2014, the Defendant entered into a lease agreement with a lessee D and a lessee of a small amount of the instant real estate with a deposit of KRW 26 million, which can be recognized as the top priority repayment right of the lessee. On April 23, 2014, the Defendant was obligated to deliver the instant real estate to D on April 23, 2014 and as D has a duty to cooperate in securing the top priority repayment right of the said deposit, so even if the victim withdraws the application for auction, the Defendant did not intend not perform any act that damages the value of the said secured real estate.
Nevertheless, the Defendant submitted a letter of performance as above and caused the victim to withdraw the decision of commencement of auction on April 14, 2014, thereby acquiring the pecuniary benefits of delayed progress of auction on the instant real estate.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement made to D or E;
1. A lease agreement prior to real estate;
1. Postal deposits;