A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

In order to raise funds by selling a telecom building D at the window of Changwon-si, Changwon-si, owned by the Defendant, with approximately KRW 1.1 billion liability owed by the Defendant himself/herself, the Defendant was unaware of the Victim E who made a provisional seizure on the above building in order to preserve the claim for check money amounting to KRW 290 million against C, thereby deceiving the victim E who made a provisional seizure on the above building to cancel the provisional seizure.

On February 16, 2015, the Defendant made a false statement that “The Defendant would pay 50 million won to the victim within 2-3 days from the date of cancellation of provisional seizure on the telecom building, and pay the remainder of 240 million won until April 30, 2015.”

However, in fact, the Defendant did not have the intent or ability to pay the above money within the time limit which was promised as above, because the Defendant was sealed in the monetary crisis as above.

The defendant had the victim cancel the provisional attachment of KRW 290,000,000 which was established in the building on the same day.

Accordingly, the defendant acquired financial benefits equivalent to the above provisional seizure claim amount.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement to E by the police;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the same sentence as the order of sentencing under Article 62(1) of the Criminal Act.

- Basic matters: The background and method of the crime, the scale of damage, etc. - favorable circumstances: After committing the crime, the defendant (C stock company) filed an accident report with the relevant bank, and deposited KRW 290 million equivalent to the check money in this case with the accident report security deposit, and the fact that the lawsuit against the claim for the check money is in progress between the victim and the said company in relation to the above money, and the same crime is committed.