The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. In preparing a written undertaking on January 12, 2012, the Defendant and the victim of mistake of facts made a verbal agreement to pay the remainder of the construction cost that has not been settled to the Defendant by June 30, 2012, in addition to the agreement by the victim to pay KRW 15 million to the Defendant. The victim did not perform his/her obligations under the above oral agreement, and the Defendant again applied for a new attachment and collection order based on the payment order.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, when comprehensively considering the following facts and circumstances acknowledged, the defendant did not have the right to request the seizure and collection order based on the payment order, but can be inferred, and the fact that the defendant applied for the seizure and collection order and received the distribution of KRW 232,038,770 can be recognized. Thus, the defendant's allegation of mistake of facts is rejected.

① On August 24, 2011, the Defendant filed an application with the victim for a payment order of KRW 200,000 and KRW 209,660,00 of the construction cost as part of the 2.5 billion construction cost with the Changwon District Court through the Changwon District Court, and the payment order issued accordingly (hereinafter “instant payment order”) was finalized on September 28, 201.

② When the Defendant seized the victim’s deposit claims, etc. based on the instant payment order, the Defendant and the victim, at the victim’s request, drafted a letter of undertaking on January 12, 2012. The letter of undertaking is as follows: (a) KRW 5 million on the end of February 2012; (b) KRW 30 million on the end of March 2012; (c) KRW 50 million on the end of April 2012; and (d) KRW 50 million on the end of April 2012.