Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the actual owner of D's father's interest who is a meteorological owner, such as Dong Government-si and two parcels, and on September 2014, the owner who entered into a contract for new building on the said land with the victim E Co., Ltd.

In order to secure the payment of KRW 2,340,710,000 for the construction cost due to the said new construction work, the victim E Co., Ltd. established a provisional attachment of KRW 400,000 for the claim amount against the 1st, 2nd, 2nd, 2nd, 2015 to the 1st, 340,710,000 for the above new construction work, and was planned to exercise the lien.

On August 2015, the Defendant, at the office of the victim E-stock company located in the F-3th floor in Gangnam-gu Seoul Metropolitan Government, “The Defendant: (a) set up a collateral security and would give up the waiver of the provisional attachment and the exercise of the right of retention; (b) however, the Defendant could not receive a normal loan because it was in excess of his/her obligation; and (c) received a bond of KRW 250,000 as collateral and then resolved his/her obligation.

On August 24, 2015, the member had the victim file an application for the cancellation of provisional attachment equivalent to KRW 400 million with the registry of the Jung-gu District Court on the same day, and written a written waiver of the lien on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, G, and I;

1. A complaint, a certified copy of a corporate registry (E), a certified copy of a registry (land and aggregate buildings), a written confirmation, a written waiver of a lien, or a standard contract for private construction works;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel held the issue of the main text of Article 186(1) of the Criminal Procedure Act that the injured party voluntarily cancelled the provisional seizure of this case in order to receive the payment of the construction cost.