A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 4, 2013, the Defendant newly built an apartment building on the ground by receiving the victim E from the victim ASEAN, which was the actual operator of “D” as the steel reinforced concrete construction and soil construction business specialized in Seo-gu, Seo-gu, Gwangju.

On October 4, 2013, the Defendant, instead of paying the remainder of the land 240 million won, ordered the victim to register the ownership transfer of the second household of the newly built apartment (702 and 802). However, around March 13, 2014, the Defendant obtained a loan from the Saemaul Treasury and the Jeju Saemaul Treasury and registered the creation of the right to collateral security (the maximum amount of the claim of the Saemaul Treasury and the maximum amount of KRW 845 billion, the maximum amount of the claim of the Saemaul Treasury and KRW 86 billion) on the said apartment.

Accordingly, on May 16, 2014, the victim set up a provisional attachment for 15 households of the above apartment (101, 102, 201, 202, 301, 302, 401, 402, 501, 502, 601, 802, 801, 802, 901, 902, 902, 902, 902) in order to secure the payment of land remaining after the provisional attachment. In order to release the provisional attachment against the victim, the defendant had tried to cancel the provisional attachment by making a false statement as if the registration of the establishment of the right to collateral security would be prejudicial to the normal transfer of ownership.

On May 27, 2014, the Defendant cancelled the provisional attachment against 7 households of the provisional attachment set up in the above apartment on May 27, 2014, and registered the ownership transfer of the above apartment units (No. 801, 802, 501), and would cancel the registration of the establishment of the right to collateral security set up in the above three households of apartment units.

A false statement was made.

However, at the time, the defendant did not have the intention or ability to cancel the right to collateral security even if the injured party had cancelled the provisional attachment of the above apartment.

On May 27, 2014, the Defendant had the victim cancel the provisional attachment of the above apartment 7 households (No. 301, 302, 401, 402, 601, 901, 902).

Accordingly, the defendant deceivings the victim to cancel provisional seizure.