A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative director of D Co., Ltd., the main purpose of which is to conduct manufacturing business of machinery and parts in North Korea-gun C.

D Co., Ltd. was supplied with industrial robots equivalent to KRW 47,395,700 from February 13, 2015 to June 9, 2015, and paid KRW 19,369,00 to the victim company as the price for goods, thereby holding the victim company's claim for the price for goods of KRW 28,026,70 to D. Accordingly, on August 12, 2015, the victim company provisionally seized the claim for the price for goods held by D Co., Ltd. against Samsung Electronic Co., Ltd. according to the provisional attachment order of the claim for the price for goods.

On September 25, 2015, the Defendant would pay the price for goods to the E Co., Ltd. at the temporary office of C, a corporation F in the following cities: “If the Defendant cancelled the provisional attachment of the claim against Samsung Electronic, the Defendant would receive the price for goods from Samsung Electronic.”

“.....”

However, at the time of fact, D had been paid to its employees more than KRW 20 million, and the total personal debt of D and Defendant was about KRW 3.5 billion, and the victim company cancelled provisional attachment and intended to use the provisional attachment to pay for the goods from Samsung Electronic Co., Ltd. even if it received the price for the goods from Samsung Electronic Co., Ltd., but did not have the intent or ability to pay for the goods to the victim company.

Ultimately, on October 6, 2015, the Defendant, by deceiving G as such, had G receive an application for cancellation of provisional attachment in support of the method of Suwon Friwon on the same day, obtained property benefits equivalent to KRW 28,026,700 of the claim amount of provisional attachment by cancelling provisional attachment on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. An objection against the details of transactions in D Co., Ltd., the decision of provisional seizure of claims, and the order of payment;