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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
[2013 Highest 2155]
1. The Defendant was a person who actually operated Co., Ltd. (hereinafter referred to as “E”) that supplied goods to a two-wheeled motor vehicle (hereinafter referred to as “ Both motor vehicles”), and the victim F is a representative director of Co., Ltd. (hereinafter referred to as “G”) who received a delivery business license from E.
On December 29, 2010, the Defendant agreed to transfer the business rights of the victim and E to G. On January 7, 2011, the Defendant agreed to receive KRW 50 million as compensation for the investment in the development cost (gold development cost) with the victim, and on the same day, a notary public drafted a notarized deed as the H deed No. 18, 201 with respect to promissory notes, the maturity date of which was July 31, 2011.
Around September 5, 2011, the Defendant sent a written notice to the victim to pay the above promissory note to the victim. On or around the 6th of the same month, the Defendant: (a) requested the Incheon District Court Branch Branch of the Incheon District Court to issue a seizure and collection order as to the claim for the price of goods against the victim’s two automobiles, etc. with the payment claim amounting to KRW 50 million as the title of execution; (b) around the 8th of the same month, the Defendant issued a seizure and collection order as the above court around the same month; (c) requested the above court to seize and collect the claim against the victim’s deposit claims against the Industrial Bank of Korea, etc. with the title of execution and the claim amount; and (d) received the seizure and collection order as the above court from the above court on the 14th of the same month.
around September 14, 2011, the Defendant transferred the amount of KRW 50 million from the victim to E’s new bank account according to the above repayment request, seizure and collection order, but immediately did not withdraw the above claim seizure and collection order. Rather, the Defendant did not withdraw the above order.