A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 15, 2016, the Defendant made a provisional attachment registration to the creditor against the building located in Dongjak-gu Seoul District Court 2016KaMo607, Seoul District Court 2016 on April 15, 2016, in order to secure the obligation equivalent to KRW 245,00,000 against the victim C.

The Defendant, at the Defendant’s residence located in Dongjak-gu Seoul Metropolitan Government on August 2016, 2016, set up a collateral security on the above building with respect to KRW 150 million out of the borrowed money on the face of the Defendant’s release of provisional seizure, and paid KRW 201 and KRW 402 out of the above secured building with respect to KRW 95 million.

The remaining KRW 30 million was stated to the effect that it would be repaid after selling this real estate.

However, even if the registration of provisional seizure was cancelled by the injured party, the Defendant did not have the intent or ability to repay the debt to the injured party, and such a word is false.

On September 5, 2016, the Defendant received necessary documents from the injured party to file an application for the release of provisional seizure from the said false statement, and subsequently acquired pecuniary benefits equivalent to the security value of the said real estate by cancelling provisional seizure.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses C and E each testimony;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police against C;

1. The loan money certificate, certificate of all registered matters, process certificate, real estate transaction contract, and statement of the use of the proceeds from liquidation of the suspect [ although the defendant denies the criminal intent by deception, the defendant did not perform the agreement after being released from provisional attachment while he agreed to set up a collateral security and repay debts, and the defendant left 98 million won after selling the real estate subject to provisional attachment but used it for other purposes is recognized as the criminal intent by deception];

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense (the choice of imprisonment).