1. The defendant shall be punished by imprisonment for one year;

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

Punishment of the crime

The defendant is the representative director who operates (State) D in Busan Young-gu C2nd 201, and the victim E is the representative director who operates (State) F in the same apartment in 202.

The Defendant entered into a subcontract contract with the victim for the above interior works with the price of 450 million won (the actual cost of construction works shall be stated in installments for the exercise of lien). While performing the above construction works, the Defendant received a total of 230 million won from 14 households among the buyers, in advance, a sum of 230 million won as the price of construction works, and returned them thereafter. The victim and the victim settled the above construction cost under the condition that the Defendant would return the said payments to the said buyers. As such, the Defendant would no longer have a claim for the construction payment against the victim.

However, the Defendant applied for a payment order to the next court on the ground that the victim received payment in kind from the successful bidder in the above case C for the construction work price, and applied for a payment order to the second court for the said construction work price.

Therefore, even though there was no claim for the construction cost to be paid to the victim in Busan Metropolitan City Busan Metropolitan City Branch of Dong Branch of the Busan Metropolitan City on August 25, 201, the defendant applied for a payment order on January 10, 2009, stating that "450 million won and damages for delay at the rate of 20% per annum from the day following the day when the original copy of the payment order of this case was served to the subcontractor for the auction of the above apartment," based on the standard subcontract for construction work prepared by the victim as the subcontractor in order to obtain the above apartment, the defendant tried to acquire property profits equivalent to the above money, but the victim applied for the payment order on September 1, 201.