A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant, during the period of Ansan-si on March 28, 2016, extended a loan of KRW 30 million from the victim company to March 28, 2018 at the D restaurant run by the Defendant of No. 201-203 of the Gu Building C, to the victim company F and G, the Defendant agreed to gratuitously transfer the lease deposit claims received by the victim company to the victim company on March 28, 2018, with the due date of the loan extended by the victim company of KRW 30 million from the victim company as the collateral for the lessor H and I as to the above 201-203, and to transfer the lease deposit claims to the victim company with the notice of the transfer to the lessor, and if the victim company collects the above lease deposit claims, the Defendant agreed to collect the lease deposit claims received by the victim company as the collateral and received additional KRW 10 million from the victim company as the collateral around December 30, 2016.

In order to ensure that the injured party company satisfies the requirements for setting up against the lessor who is the debtor pursuant to the above agreement of assignment of claims, the defendant either notified the obligor of the transfer of the above claim or received the consent of the obligor from the obligor.

On October 12, 2017, the Defendant agreed to receive KRW 50 million and the premium of KRW 30 million, which is the amount equivalent to the lease deposit, from the J, in violation of the foregoing duties and to transfer the said D shop to the J around October 12, 2017. On March 24, 2017, the Defendant agreed to receive KRW 50 million and the premium of KRW 30 million, which is the amount equivalent to the lease deposit, from the J, and upon obtaining consent from the lessor H and I to transfer the said lease deposit claims from the J, the Defendant fulfilled the requirements to set up against the transfer of the said lease deposit claims to the J.

Accordingly, the Defendant acquired property benefits by acquiring KRW 80 million from J while transferring dually leased bonds, and the principal of loans to the victim company as of March 24, 2017.