A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From March 15, 2013, the defendant served as the representative director of the corporation B from March 15, 2013.

On April 18, 201, the Plaintiff awarded a contract to the Victim E for the installation of elevators, etc. for 150,000,000,000 won for the elevator construction of Dtel, non-petition C, and on January 27, 2014, the said D Officetel F, G, H, I, and J (hereinafter “instant Officetel”) had been registered as a provisional attachment for 15,50,000 won for the creditors E, the claimed amount of 15,50,000.

Meanwhile, the above victim filed a lawsuit against the said company for claiming construction cost (Cheongju District Court 2015dan5095), and on June 10, 2015, the conciliation was concluded that “the Defendant (the said company) paid the Plaintiff (the said victim) KRW 140,000,000 by August 31, 2015, and the Plaintiff shall immediately file an application for provisional seizure against real estate and rescind execution thereof.”

Around December 15, 2015, the Defendant made a false statement to the effect that “If the instant victim was unable to pay the adjusted amount by the due date of the conciliation, the Defendant would receive a loan from the bank as collateral and pay the construction cost” to the victim at the office of the instant office of the officetel site.

However, the defendant had no intention or ability to pay 140,000,000 won even if the victim cancels provisional seizure.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the necessary documents from the victim to apply for the cancellation of attachment; (c) on December 23, 2015, the Defendant failed to commit an attempted crime because the principal registration based on the provisional registration of the right to claim ownership transfer registration, which was established in priority over the provisional seizure of the victim, was completed in the above officetels; and (d) the provisional registration of the victim was completed.

Summary of Evidence

1. Legal statement of K witness K;

1. Statement made by witnesses E in the third protocol of the trial;

1. The fifth trial records;