A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, from June 201 to September 30, 201, ordered the victim C to perform the factory extension construction work of E, a stock company located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and claimed construction price of KRW 213,651,90 from the victim, but did not pay it.

Accordingly, on February 19, 2013, the victim filed an application for provisional attachment against the Defendant for the said construction cost claim against the Defendant, as the land and building in the Cheongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant owned, and the G apartment 202 dong 1001, the Cheongju District Court 2013Kahap104, Cheongju District Court 201, Cheongju District Court 212,300,000 won on August 1, 2013, and the Defendant deposited the said real estate as the deposit money, and received the decision of acceptance on August 6, 2013, by filing an application for provisional attachment cancellation with the Cheongju District Court 2013Kabu638.

On August 23, 2013, the Defendant made a false statement to the effect that “In spite of the absence of an intent to lend KRW 50,000,000 to the victim as a result of the Defendant’s withdrawal of the said provisional attachment application, even if the Defendant received the said provisional attachment application and then the Defendant returned the deposit money, the Defendant thought that the Defendant would be able to spend the Defendant’s loan obligations with the Defendant’s financial institution loans and the payment of apartment purchase price purchased by the Defendant, and thus, the Defendant would lend KRW 50,000 to the victim with the return of the deposit money for the release of the Jeju-do Office upon withdrawal of the provisional attachment application.”

On August 30, 2013, the Defendant, by deceiving the victim as such, had the victim withdraw the above provisional seizure application, thereby acquiring economic benefits equivalent to KRW 212,30,000 from the claimed amount.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Entry of the defendant's partial statement and C's statement in the suspect examination protocol against the defendant;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. An application form, tax invoice, certified copy of the real estate register, a written decision on provisional seizure of real estate, each recording form, or a transcript of evidence.