A defendant shall be punished by imprisonment with prison labor 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

Around July 2009, the Defendant entered into a contract with the victim B for new construction of a factory with respect to Pyeongtaek-si C, D, and E (hereinafter “the entire land of this case”). Around July 2010, the victim discontinued construction works without receiving construction cost equivalent to approximately KRW 99 million from the Defendant and exercised a lien on the entire land of this case.

Around November 6, 2012, the Defendant made a false statement to the effect that “The Defendant would receive additional loans from the G association H branch if he/she prepares a written waiver of the right of retention,” from the Defendant’s office located in Pyeongtaek-siF.”

However, the Defendant is expected to repay the existing loan even if he/she obtains additional loans from the G Association, such as filing an application for voluntary auction on the entire land of this case, due to the fact that the G Association already received a loan equivalent to KRW 2.4 billion from the entire land of this case on two occasions as security, and due to the failure to pay interest on the entire land of this case, the Defendant did not have the intent or ability to pay the payment for the construction work even if the victim prepared a written waiver of the right of retention

Around November 6, 2012, the Defendant, by deceiving the victim and having the victim do so, sign and seal at the H branch of the G Union located in Pyeongtaek-si I in the name of J to “a waiver of lien and a statement of on-site inspection,” thereby having the victim waive the above right of retention, thereby obtaining property benefits that are provided as security to the G Association.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each report on investigation;

1. The loan period is simply extended without any economic benefit to the victim who has not been paid the full registered matters, the registration statement under the lien, the waiver of the lien, and the name of the scene, the fact confirmation, each estimate, and the construction cost.