A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal records] In light of the language, legislative intent, etc. of Article 37 of the Criminal Act and Article 39(1) of the same Act, if a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence shall not be imposed, or that the sentence shall not be mitigated or remitted, taking into account the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity (see Supreme Court Decision 2009Do948, Oct. 27, 201). Accordingly, Article 37 of the Criminal Act and Article 39(1) of the same Act shall not apply to concurrent crimes.

"2017 Highest 5943"

1. On September 12, 2016, the Defendant: (a) stated on September 12, 2016, that “A” office located in Gangnam-gu Seoul (hereinafter “E”); (b) the victim F, who intends to take over the sandd position panel manufacturing and sales chain Co., Ltd. (hereinafter “E”), takes over the G Co., Ltd. (hereinafter “G”); and (c) borrowed the real estate owned by the company as collateral, the acquisition cost may be incurred; and (d) once, the G acquisition price will proceed with the procedure to take over E.”

However, in the land of 17 lots owned by G, the right to collateral security was set up in the name of K, the maximum amount of KRW 1170,000,000 (in fact, KRW 300,000,000) in the name of K, and the maximum amount of the claim amount of KRW 120,000,000,000 in the name of H, and the provisional attachment of KRW 100,000 in the name of K, the provisional attachment of KRW 64,000 in the name of K, and KRW 30,000,000 in the name of L corporation, so even if the victim accepts G, it was not possible to obtain a loan to the E (1,00,000,000 won) as collateral, and also, G from the victim.