A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. Under the premise, the Defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government Co., Ltd. D (hereinafter “D”) who manufactures and sells radio hedging parts under Article 803 of the Building C in Geumcheon-gu.

D) From October 2007 to December 2008, the victim E was supplied with the wireless hedge part from F Co., Ltd. (hereinafter “F”), which was practically managed by the victim E, but was unable to pay KRW 140,079,732 out of the price. On November 5, 2009, the victim issued provisional attachment (hereinafter “provisional attachment”) by the Incheon District Court 2009Kadan30347 against the above D’s 8th 803 and 8044 of the building C, Geumcheon-gu Seoul, Geumcheon-gu (hereinafter “the seized real property”).

2. The Defendant stated that, around July 15, 2010, at the D office located on the 8th floor of Geumcheon-gu Seoul Metropolitan Government building C, “The Defendant would cancel the provisional attachment of this case and make advance payment of KRW 10 million until July 15, 2010, and repay the remainder of the goods price to F each month from August 2010, and will not sell or lease the real estate for the next two years in order to guarantee it.”

However, in fact, the defendant thought that the victim would dispose of the above seized real estate upon the cancellation of the provisional seizure of this case applied under the name of his wife G, and even if the proceeds from the disposal of the property or the loans secured by the seized real estate, he did not have the intention or ability to repay the preserved bonds of KRW 179,762,593 due to the above provisional seizure to the victim.

Nevertheless, on July 15, 2010, the Defendant, by deceiving the victim as above, had the victim cancel the provisional seizure of this case applied in the name of his wife G on July 15, 2010, thereby acquiring property benefits equivalent to KRW 179,762,593 of the preserved claim for provisional seizure of this case.

Summary of Evidence

1. Each legal statement of witness E and H 1.