However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant, while running the F (hereinafter “F”), was awarded a contract for the construction of gas station facilities among the H new construction works located in G G in Y, and subcontracted the construction work price of KRW 432,172,119 to the victim E (hereinafter “victim E”) in the operation of the I (hereinafter “victim E”) and was not paid to the victim company, while the victim company was unable to pay the construction cost of KRW 432,172,119 to the victim company on November 17, 2017 (hereinafter “the instant provisional seizure”) by the decision of the claim provisional seizure 62435 (hereinafter “the instant provisional seizure”).

On November 27, 2017, the Defendant received the provisional attachment of this case from the construction in Jeju-do, and paid the construction price of KRW 230 million to the victim company on November 30, 2017, and then would have the substitute construction directly paid the construction price to the victim company.

“.......”

However, in fact, the defendant had been liable for the debt amounting to KRW 970 million at the time, and the victim company had thought to use the payment for overdue wages and the company's operating funds even if the above provisional seizure was cancelled, so there was no intention or ability to pay the construction cost as agreed upon with the victim company.

Around November 27, 2017, the Defendant, by deceiving I, had the victim company file an application for the rescission of the provisional seizure of this case with the victim company, and caused F to acquire the amount of pecuniary advantage as the provisional seizure of this case was cancelled on the ground that the provisional seizure of this case was cancelled.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. A standard subcontract agreement of construction works, details of entry and withdrawal transactions, inquiry of information on bills, details of entry and withdrawal transactions, minutes, settlement records, provisional attachment decisions, minutes, and minutes;