except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On March 26, 2010, the Defendant entered into a contract to sell the purchase price of KRW 1.222,50,000,000,000 among the down payment of KRW 30 million and KRW 25,000,000,000,000 on the date of the contract, and the balance of KRW 1.195,00,000,000 on April 15, 2010, the Defendant agreed to be paid on April 26, 2010.

The injured company paid the down payment of KRW 30 million to D, and borrowed KRW 40 million on April 5, 2010 to deduct it from the balance.

When the injured company delayed the payment of the balance, D sent to the injured company a certificate of content that the contract was terminated on the ground of the balance in arrears on June 8, 2010. On June 10, 2010, the injured company filed an application for provisional attachment registration with the U.S. District Court 2010Kadan2969 on the ground that D had a claim of total amount of KRW 70 million,000,000,000,000,000 won to be refunded due to the cancellation of the contract, and the provisional attachment registration was completed around that time.

In fact, even if the registration of provisional seizure was cancelled, the Defendant did not have the intent or ability to pay KRW 70 million to the victimized company. However, on June 14, 2010, the Defendant, upon cancelling the agreement with the representative director I of the victimized company, stated that “I would immediately return KRW 70 million by either obtaining a loan from a financial right or selling real estate to a third party upon cancelling the registration of provisional seizure.”

On June 17, 2010, the Defendant, by deceiving the victimized company, had the victimized company withdraw the above application for provisional seizure and had the victimized company cancel the registration of provisional seizure, thereby acquiring pecuniary profits equivalent to the claim amount of provisional seizure.

Summary of Evidence

1. Legal statement of a witness I;

1. A copy of a land sales contract;

1. A copy of land register;

1. Copy of the loan certificate;

1. A copy of a notarial deed;

1. Copy of an application for provisional seizure of real estate;

1. A copy of the decision;

1. Copies of the written agreement;

1. Withdrawal of an application for provisional seizure and