A defendant shall be punished by imprisonment for not less than eight 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

On May 6, 2011, the Defendant, as the representative director of the Defendant Company C (hereinafter “Defendant Company”), filed an application for provisional seizure against claim (hereinafter “provisional seizure against claim”) with the Seoul Yongsan-gu District Court 201Kadan2312 against the Defendant Company, among the claim for the construction cost of KRW 161,04,700 against the Defendant Company as the preserved right. On June 23, 201, it is difficult for the Defendant Company D (hereinafter “victim Company”) to pay the Defendant’s debt of KRW 161,04,70 against the Defendant Company. From the Defendant’s office located in the second floor located in the Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Office, the Defendant directly made the aforementioned claim to G, who is the victim Company’s representative director, to whom the Defendant Company would have paid KRW 161,04,70, the amount payable for the existing construction cost, to Hyundai Construction, to which the Defendant Company would have received KRW 1101,400,500.

However, in fact, the Defendant, in addition to the victim company, did not have any capacity or intent to pay the above amount directly to the victim company even if Hyundai Construction Co., Ltd. had the obligation to pay the construction cost to other construction companies and did not pay taxes of KRW 280 million. In Hyundai Construction Co., Ltd., the Defendant’s payment of the construction cost to the Defendant company in mind that there is the obligation to pay the construction cost to other construction companies, and the execution is demanded to be made only as the above E construction cost currently in progress, and the Defendant has to continue the construction as a condition requiring the Defendant to pay the construction cost to the Defendant company in consideration of the fact that there is the obligation to pay the construction cost to other construction companies.