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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.
Reasons
Punishment of the crime
[criminal record] Defendant A was released on October 28, 2008 and the parole period on November 20, 208 expired since he was sentenced to three years of imprisonment by the Seoul High Court on November 29, 2006 due to a violation of the Act on the Regulation of Similar Receiving Acts. ② On June 20, 2013, Defendant A was sentenced to one year and six months of imprisonment with prison labor at the Seoul Central District Court on September 12, 2013; ③ on November 13, 2014, Defendant A was sentenced to one year and eight months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on the Regulation of Similar Receiving Acts, and the judgment became final and conclusive on February 12, 2015, and the judgment became final and conclusive on July 10, 2015 after having been sentenced to imprisonment with prison labor at the Seoul Central District Court on February 10, 2015.
[2] On November 23, 2012, the Defendants conspired with the Defendant to remove and construct the buildings in Seocho-gu Seoul Metropolitan Government I and J, from G (hereinafter “G”) the victim H, which is located in Seocho-gu Seoul Metropolitan Government Ftel 1206.
Since the removal right can be reduced within 60 days, G lending KRW 100 million to G. If removal is not possible within 60 days, G return of KRW 150,000 from G to E and guarantee it.
“.....”
However, in fact, E is not the owner of the share of 159.971/353 and JJ large 470.8 square meters among the shares of 159.971/353 square meters in Seocho-gu Seoul Metropolitan Government, and the Defendants did not have the ability to resolve legal relationship, such as various provisional registration, provisional seizure, and collateral security, with respect to each of the above shares of land (hereinafter “share of the instant land”). Moreover, there were many liens occupying each of the above lands, and E did not file a lawsuit against the owner of the building above each of the above lands, such as removal of the building.
Therefore, the defendants can not remove or remove the above building within 60 days. 1.5 times.