A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative director of the corporation B, and the victim C is the employee of the corporation Eul, and even though the corporation was entrusted with the construction of Ba, which was constructed in Ulsan-gu E, Ulsan-gu, the corporation did not receive construction cost of KRW 128,280,00 from the corporation B, and as the corporation did not receive construction cost of KRW 128,280,00, it seized the right to claim for the registration of transfer of ownership (total claim amount of KRW 198,604,200) on the trust of the corporation B and H against the corporation.

On October 31, 2016, the Defendant entered into a lease contract for F F F F F F, and paid the construction cost of KRW 70,000,000,000 as soon as he received the deposit for the lease, at the office of the corporation B located in Ulsan-gu I, Ulsan-gu, Seoul Special Metropolitan City.

“A false statement” was made.

However, in fact, the deposit of the lease on the deposit of F is KRW 180 million, and the defendant is required to repay to the J union in order to obtain the registration for the transfer of ownership due to the trust of the defendant. Since the defendant was willing to pay the above loan to the J union with the deposit of the lease on the deposit of the deposit of the deposit of the deposit of the lease of the deposit of the money, the defendant did not have the intention or ability to immediately repay the amount of KRW 70 million even if the victim cancels the seizure execution.

The defendant deceivings the victim as above and caused the victim to cancel the seizure of the right to claim the registration of transfer of ownership to F on the same day.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 70,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution to K;

1. Statement made by the police against C;

1. Written statement of payment of the construction cost, lease contract, and certificate of loan repayment;

1. Application of Acts and subordinate statutes to investigative reports (a certificate of all matters to be registered and append content of the case No. 9756, Doz. 2016 of the Ulsan District Court Act);

1. Article 347(1) of the Criminal Act of the same Act concerning the facts constituting an offense [the choice of imprisonment].