[Defendant A] Defendant A shall be punished by imprisonment with prison labor for one year and four months.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Punishment of the crime

[2015 Highest 602] Around July 20, 2014, the Defendant entered into a security agreement for occupying and guarding the site of the exercise of the apartment lien in Chungcheongnam-nam Budget-gun, and occupied the above site. Around July 20, 2014, the Defendant had the duty to correct the entrance of the above site and maintain and protect the said site by preventing a third party from entering the said site against the intention of K from having access to the said site, and by preventing him/her from having access to the said site.

Nevertheless, around November 2014, the Defendant asserted a separate lien on the above site in front of the above M apartment refined container at the end of the end of November, 2014 from the O members of the Dispute Resolution Co., Ltd. who claimed a separate lien.

They set forth.

On December 1, 2014, at around 14:00 on December 1, 2014, the company received a recommendation to the effect that “a request to open a door to reduce the amount of money to solve the problem,” and the company received a total of KRW 12,500,000,000,000 in cash under the same name in a container of the above apartment complex, for the same day, the company received KRW 50,000,000,000,000,000 from a restaurant located in the Hongsung-gun-gun, Hongsung-gun, Hongdong, to withdraw from the site with its employees.

Accordingly, the defendant acquired property in exchange for illegal solicitation in relation to his duties.

[2015 Highest 947] P Co., Ltd., from around 2004 to around 2004, suspended construction due to financial shortage after completion of approximately 95% of the construction around November 201. The creditors, including construction business operators Q, who performed apartment construction, exercised the right of retention on the above apartment.

As a result, R and S concluded a lien transfer contract around June 14, 2013, and a bond transfer contract around June 23, 2013 with Q, the representative of the creditor, respectively.