A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On December 2, 2011, the Defendant: (a) placed containers on the Defendant’s rooftop on the wind outside the auction site without obtaining D’s permission; (b) placed containers on the D’s parking lot in the Seojin-gu Seoul Special Metropolitan City E; (c) placed containers on or before December 30, 2013 between D and D; (d) placed containers until December 30, 2013; and (c) failed to comply with D’s request, if D waives the ownership of the goods loaded on the said parking lot; and (d) received KRW 2 million in return, and again failed to comply with D’s request on January 3, 2014 to sell the goods within the same date after receiving additional KRW 300,000 from D and D’s ownership.

Nevertheless, around May 1, 2015, the Defendant submitted a written complaint to the civil petition office of the Jeonjin-gu Police Station in the Jeonjin-gu Seoul Special Metropolitan City, 299 to the effect that “Around October 6, 2013, Defendant D, in accompanying with one person under his/her name, was forced to affix his/her seal to a letter of performance, which was stored in E, etc. on January 4, 2014, and later, the market price of which was stored in Jeonjin-si Special Metropolitan City, etc., was 120 million won or more, and later, the Defendant destroyed the container owned by the complainant and loaded it into the cargo vehicle and escaped.” However, the Defendant only prepared the above performance note with free will on October 6, 2013, and did not receive any intimidation from D and did not carry out any goods in accordance with the execution note.