A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 15, 2017, the Defendant acquired a loan from B and C in the name of the Defendant’s ASEAN without compensation, prior to the progress of an auction from B, the entire city E, i.e., the entire city, in which an auction was held. From May 2017, the Defendant agreed to take over G coffee shop and H restaurant shop located in the Kim Jong-si F, and was liable to B KRW 80,000,000.

The Defendant heard that B bears the obligation of KRW 80 million against the victim I in connection with land purchase and sale, and had the victim waives the claim of KRW 80 million against B on the condition that B, while leasing the victim's loan free of charge, the Defendant would have the victim acquire the right to claim the return of the lease deposit equivalent to KRW 80 million, and instead, had the victim waives the claim of KRW 80 million against B, and instead exempted the Defendant from the obligation of KRW 80 million from B.

On June 13, 2017, the Defendant, who was aware of the trade name near Dara in a coffee shop where it is difficult to ascertain, stated that “The Defendant would borrow from the name of Doz, which he took over without lending. It would be able to lend or sublease a deposit for 40 million won with respect to Doz and K, and the registration of chonsegwon will also be sub-leaseed. The sub-lease will be more desirable for construction cost, and the amount of KRW 10 million will be Jhoho and K will be returned later in the amount of KRW 90 million.”

However, in fact, the leased building that the defendant provided to the victim was already seized due to the delinquency of taxes in B, and the right to lease was established with the maximum debt amount of 156 million won, and the right to lease was registered with the right to lease housing which caused the lease deposit of 40 million won, the right to lease housing which caused the lease deposit of 40 million won, the deposit for lease of 50 million won, and the deposit for lease of 50 million won, respectively.