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

The defendant is a person who was in a de facto marital relationship with the victim C from April 2004 to November 2012.

1. On November 26, 2012, the Defendant was subject to execution of provisional seizure on 8 real estate, including Jinjin-si and E (hereinafter “instant land”) owned by the Defendant upon the application for provisional seizure on real estate filed by the victim. As a result, the Defendant was unable to obtain a loan on F land at the time of Jinjin-si and its ground, and thus, was unable to receive a loan as security, and thus, it was difficult for the constructor to pay the construction cost for the instant wooden housing to the said constructor. Moreover, the said constructor was placed in a situation where it was difficult to further grow the instant wooden housing on the instant land.

Therefore, around December 3, 2012, the Defendant found it as “H” as a restaurant operated by the victim in G at Si of Siljin-si, and concluded a property division agreement with the complainant on the above 8 real estate, and concluded that “If the complainant intends to cancel a provisional attachment on the instant land and then sell the instant land and the instant land, he would sell the instant land with KRW 50 million out of the land price, and make the remainder of the land price.”

However, the Defendant had no intention or ability to pay the victim the remainder of the land price, excluding KRW 50 million, out of the land price received by selling the instant land and the instant land even if the victim had cancelled the provisional attachment on the instant land.

On December 4, 2012, the Defendant had the victim file an application to cancel the attachment of the instant land on December 4, 2012. On December 6, 2012, the Defendant acquired financial benefits equivalent to KRW 200,000,000, which is the amount of the provisional attachment claim, due to the cancellation of the provisional attachment.

2. The thief Defendant found the victim to be the above H restaurant from July 2013 to August 2013, and stated that “I am crying out a letter of agreement prepared on December 3, 2012” to the victim, and presented the statement of agreement to the Defendant.