Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a pastor of the Illied Association (hereinafter referred to as the "instant church") located in Heak-gu, Youngju-gu.

On September 10, 2007, the Defendant entered into a contract for the construction of the instant church with the representative director G of the J Co., Ltd. (hereinafter “J”) around September 10, 2007, and the victim L subcontracted the construction of the said new church from G on December 5, 2007, but did not receive 60 million won of the construction cost from G. Accordingly, on September 30, 2008, the Defendant acquired part of the claim for the construction cost against the Defendant by transfer of part of the claim for the construction cost against the Defendant by J, which was subject to a provisional attachment on October 15, 2008.

On January 7, 2009, the Defendant made a false statement to the effect that “In order to obtain a transition loan, the Defendant would cancel the provisional seizure and may cancel the provisional seizure only. The Defendant would pay the construction cost in cash immediately after the provisional seizure is cancelled.”

However, even if the victim was released from provisional attachment, the victim did not have the intention or ability to reduce the construction cost of 60 million won.

The Defendant, by deceiving the victim as such, acquired pecuniary benefits equivalent to the value of the said real estate by releasing provisional seizure on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Part of the police investigation protocol against the defendant (including part concerning L/C statement);

1. Statement of the police concerning L;

1. An investigation report (each attachment, such as a certificate of seal or a letter of decision on provisional seizure of real estate);

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant prepared a letter of payment to the victim and received the release of provisional seizure.