Defendant shall be punished by imprisonment for four months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Criminal facts

On March 9, 2015, the Defendant applied for a compulsory auction on the land, such as 15 million won, for a loan claim against B received from the Suwon District Court, and for a payment order for delay damages, the Gwangju District Court rendered a decision on August 28, 2015.

On December 29, 2015, the Defendant entered into a contract on the transfer and takeover of claims between E and the above execution claims to the victim Eul who represented the victim D at the infinite coffee shop in Young-gu, Young-gu, Chungcheongnam-si, and received KRW 14 million from the claim acquisition amount to the account of the Defendant on the same day.

The defendant, who is a successor of the defendant, is in charge of affairs concerning the preservation of the assignee's claim on behalf of the defendant, and the victim can collect the claim from B effectively through the administration of the defendant's affairs. Therefore, the defendant has a duty to normally proceed with a compulsory auction case for real estate so that the victim can collect the claim smoothly.

Nevertheless, on March 3, 2016, the Defendant voluntarily voluntarily withdrawn a request for auction from the Gwangju District Court's office on March 3, 2016, and the registration of the decision to commence a compulsory auction was cancelled on March 7, 2016.

Accordingly, the defendant had B obtain property benefits equivalent to 14 million won and suffered the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the complaint;

1. Penalty provisions: Article 355 (2) and (1) of the Criminal Act (Options of Imprisonment);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social service order: The main sentence is determined by comprehensively taking into account the following circumstances: the reason for sentencing [Recommendation] 62-2 of the Criminal Act / 1 (4-100 million won) / the basic area (4-1 year and 44 months) / the total amount of damage and partial recovery (470 = 562 thousand won) and the amount of partial recovery (470 = 5620,000 won) / the execution of the sentence is reasonable, taking into account the remaining