However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

[Criminal Power] On January 17, 2014, the Defendant was sentenced to a suspended sentence of two years on October 10, 201 to imprisonment with prison labor for gambling opening, etc. at the Chungcheong District Court, and the said judgment became final and conclusive on January 25, 2014.

【Criminal Facts】

The Defendant borrowed 1.5 million won, around September 8, 2008, around September 2008, and around September 30, 2008, as the lease deposit of the Seoul Building E and B office in Geumcheon-gu, Seoul, the Defendant operated B, but the Defendant failed to pay it properly. On April 8, 2009, the Defendant filed an application for provisional attachment with the Suwon District Court for the provisional attachment on G apartment H H on April 8, 2009, with the Defendant and the Defendant’s wife-F joint ownership of the Defendant, and the registration of provisional attachment was completed on April 8, 2009.

On October 19, 2009, the Defendant, at the office of the victim in J 2 in Geumcheon-gu Seoul Metropolitan Government, prepared a letter of payment with the same content that read, “The Defendant may obtain a loan from the K Bank to issue the provisional attachment of G apartment. When the provisional attachment is unrefilled, the Defendant immediately borrowed apartment from the K Bank as security and borrowed the amount of KRW 17 million in total, including the amount of KRW 15 million and related litigation costs from the K Bank.”

However, since the defendant was difficult to operate the B business at the time, if the victim had been released from provisional seizure, it was thought that he would be able to lend business funds to a third party by establishing a collateral on the above real estate as security, and even if the victim had cancelled provisional seizure, he did not intend to obtain a bank right loan on the above real estate as security and to repay the debt of the victim.

On October 19, 2009, the Defendant, by deceiving the victim as such, had the victim cancel the provisional attachment, thereby acquiring property profits equivalent to the above amount of the claim for provisional attachment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. The text of the decision on provisional seizure of immovables;