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Defendant
A shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
B A is a person who has substantially been operating the KG, which is the owner of the F building in Yongsan-gu, and Defendant A was a person who has been exercising the right to retention in the above building, and Defendant H was a person who has been holding a claim for construction price of KRW 94,548,00,000 against the KG by obtaining a subcontract for the construction of the F building from the KG and conducting the construction project around December 28, 2004.
Defendant
A around December 7, 2009, at the office located in the above F building, prepared a statement of agreement execution with the victim that "the victim will transfer the total amount of the construction price claim held by the victim to the KFG to the defendant A to facilitate the preservation of the above construction price claim and the recovery of claims," and accordingly, the victim sent the fact of the above transfer to the KFG by content-certified mail. As such, the defendant A, who was entrusted with debt collection, performed his duty of due care as a good manager, and performed his duty to collect claims for the victim.
Nevertheless, Defendant A violated his duties and stated the date and time of the act in the indictment as “the date and time of the act” at the end of June, 2010, but it is nothing more than the entry of B arbitrarily retroactively in the credit transfer and takeover contract, unlike the date of actual preparation, and in this case where the indictment was instituted on the premise of this, it is clear that it is obvious that it is an obvious clerical error and in this case, it is corrected ex officio) in B’s office located in the F building 303, and from B’s office located in B’s office located in the F building 303, and from B’s “Defendant A”, with respect to the construction price claim amounting to KRW 94,548,000,000,000,000 which Defendant A has against the LA, the construction price claim amounting to KRW 2,08,9333,00,000,000 for the above construction price claim amounting to Defendant A when the building is normal in the future.