A defendant shall be punished by imprisonment for not more than ten months.

except 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

Around March 7, 2013, the Defendant was subject to provisional attachment of the two-story C factory owned by the Defendant Company with the claim amount of KRW 107,266,000 from the said victim, as it was difficult for the Defendant to pay the processing price to F in the operation of the Victim E, which is the business partner, while operating the Defendant Company D in Ansan-si.

On April 26, 2013, the Defendant cancelled the provisional seizure to the above victim by stating that “The above victim was not subject to a bank loan due to provisional seizure established in the factory, 1 unit of the Singing Center (VM510) used in D and 1 unit of the Orumhuer Examination Team (VM510) used in D as a security for transfer, and if so, the Defendant will immediately obtain a bank loan and repay the attempted money, and deliver the transferred property if the Defendant fails to perform his/her obligation,” and by making a false statement that “The machinery will not own the inside, it will be safe to deliver the transferred property.” The above provisional seizure is cancelled.

However, the fact is that the machine that the defendant provided as security for transfer was not owned by the defendant from the second Capital Co., Ltd., and even if the provisional seizure was cancelled due to the difficulties in the corporate circumstances, there was no intention or ability to pay the amount payable to the victim.

Accordingly, on April 26, 2013, the Defendant, by deceiving the said victim, had the said victim cancel the registration of provisional seizure established in D Factory Co., Ltd., Ltd., and acquired the pecuniary benefits equivalent to KRW 107,266,000, which is the claim amount of provisional seizure.

Summary of Evidence

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

1. Examination protocol of the accused by the prosecution (including the questioning part of the complainant);

1. A complaint;

1. A copy of the register;

1. A copy of the notarial deed [Article 9 of the notarial deed] is a copy of the notarial deed (hereinafter “this case’s machine”).

Under the premise that it is the owner of the instant machine, it is stipulated that the victim E transfers the ownership of the instant machine to the victim E.