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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. The Defendant, at the third floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City, operated Da Co., Ltd., the Defendant was unable to pay the cost despite the Defendant’s supply of raw materials from the victim 2 ices Co., Ltd., and on February 6, 2009, the Defendant was issued a provisional attachment order on the Defendant’s claim for the amount of goods purchased from the Defendant’s Sungnam branch of the Suwon District Court against the Indian Franchi Co., Ltd., Ltd.
On February 23, 2009, the Defendant made a false statement to the head of F division of the victim’s staff (“F”) at the office of the victim of the 1017th of the YY-gu Seoul Special Metropolitan City E building 1017. On February 23, 2009, stating, “The Defendant would pay the amount of KRW 20 million out of 20 million, after receiving a claim from the NF, if he/she had the provisional attachment of the claim amounting to KRW 60 million against NF, among the claims provisionally seized by two ices E building companies, from among the claims provisionally seized by two ices E, the Defendant would pay the amount of KRW 40 million,000,000,000,000,00
However, at the time of the management difficulties of D Co., Ltd., the Defendant was unable to pay the price to the trading company in time due to the management difficulties, and the employees did not pay the time wage to employees, and the victim had no intention or ability to pay the price to pay it to the victim, even if the Defendant cancelled provisional seizure on the above claim and used part of the amount received as the cost of clothing customs clearance, even if it was intended that the Defendant would pay other debts with the proceeds of selling the above paper.
Around February 24, 2009, the Defendant, by deceiving the victim, applied for the rescission of the execution of the above provisional seizure by the victim. The Defendant recovered the claim amounting to KRW 60 million from Indianf Co., Ltd. and delivered the claim amounting to KRW 20 million to the victim on or around March 9, 2009.