A defendant shall be punished by imprisonment for six 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

The defendant is the representative director of the corporation B, which aims at construction business, and the victim C is a person engaged in the lease and operation of the non-dozers.

Around December 2015, the Defendant received a subcontract for civil engineering works from D Co., Ltd. in E-Sacheon-si, E-Sacheon-si, and requested the victim to reclaim neighboring land with soil from the above site. The victim performed the reclamation work from December 7, 2015 to March 21, 2016.

The injured party did not pay KRW 20,586,50 out of the working expenses, and on April 19, 2016, the injured party filed an application for provisional attachment of KRW 17,962,500, out of the construction cost claims against D Co., Ltd. in the Daejeon District Court Branch of Daejeon District Court, Daejeon District Court, Daejeon District Court, for a provisional attachment of KRW 17,962,50, out of the construction cost claims against D Co., Ltd., Ltd., Ltd., on April 28, 2016, which was issued a provisional attachment order by the above court 2016

On September 2016, the Defendant called that “The Defendant shall receive construction payment from D Co., Ltd. and immediately pay the unpaid work cost to the victim at a non-permanent location below Echeon-si, Leecheon-si.”

However, the Defendant did not have any intent or ability to immediately pay working expenses as promised to the victim, because the Defendant did not have any intent or ability to immediately pay them, in addition to the working expenses to the victim, and received a large amount of cash service with a credit card, and, even if the above provisional attachment was rescinded and received the construction payment from D Co., Ltd., the Defendant thought to use it as other debt repayment, living expenses, etc

Nevertheless, on September 14, 2016, the Defendant had the victim submit an application for the cancellation of the above provisional seizure to the Daejeon District Court Branch of the Daejeon District Court on September 14, 2016, and had the notification of the cancellation reached D Co., Ltd. on September 26, 2016, thereby making the above claim amounting to KRW 17,962,50.