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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, while operating C Co., Ltd., was proceeding with the “E” construction work in Busan Metropolitan City D.
Around October 2011, the Defendant concluded a contract with the Victim F to newly construct “E” and carried out stone construction works, but did not pay the Plaintiff the amount of KRW 27 million to the Plaintiff. On November 13, 2012, 2012, the investment securities No. 4183 were the creditor as a result of the attachment order, and the shares of the Plaintiff were provisionally seized on the investment shares of the Defendant C Co., Ltd.’s third debtor construction mutual aid association with the obligor C Co., Ltd.
The defendant had the mind to cancel the provisional seizure by deceiving the victim as it is impossible for the victim to proceed with the construction or finance loans due to the provisional seizure against the victim. On December 7, 2012, G and H will pay all the construction cost to the victim within one month by finding the provisional seizure against the investment certificate.
“False speech was made to the effect that it was “.”
However, the defendant did not have the intention or ability to pay the construction price to the victim even after the provisional seizure was cancelled.
On December 11, 2012, the defendant deceiving the victim as above and caused the victim to file an application for the cancellation of provisional attachment on December 11, 2012, thereby releasing provisional attachment, thereby acquiring property profits equivalent to the security value of the shares of the union members based on the said investment certificate.
Summary of Evidence
1. Legal statement of witness F, witness G and H respective legal statements;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Application of Acts and subordinate statutes to one copy of the decision of provisional seizure, and the search output of the Supreme Court B;
1. The relevant legal provisions of the criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] No person who has no basic area (from June to January 6) (the scope of less than KRW 100 million) (the person subject to special sentencing) [the decision of sentencing] [the decision of sentencing] as follows. The following circumstances, the defendant's age, sex, family relation, family environment, family environment, and crime.