A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for breach of trust and two years of suspended execution, which became final and conclusive on July 18, 2017.

Criminal facts

1. The Defendant, as the owner of Gyeonggi-do land D, concluded a construction contract for the construction of a multi-household house (hereinafter “F building”) on the said land by the injured party via E, but the injured party did not pay the construction cost equivalent to KRW 279,968,90 even after the injured party completed the building.

Accordingly, the victim registered the provisional seizure of an amount equivalent to KRW 79,968,900 as the F-building 302 and 402 around March 30, 2012, and KRW 279,968,900 as the claim amount of KRW 3936, Jul. 18, 2012. The defendant seems to have registered the provisional seizure of KRW 302 and KRW 402 as the provisional seizure deposit amount of KRW 279,968,90 as of August 27, 2012.

(2) The provisional attachment execution was revoked.

On September 14, 2012, the Defendant: (a) in the vicinity of the Jung-gu District Court located in the Republic of Korea, on September 14, 2012, the Defendant: (b) borrowed the FF building 302 and 402 of Pyeongtaek-gun, Gyeonggi-do, which was provisionally seized in relation to the construction price that was not paid by Ne-si, and (c) borrowed the FF building 10 households as security by the Namyang-gu, Chungcheongnam-gu, Seoul Special Metropolitan City; and (d) collected the above deposit from Ne-si, the Defendant collected the above 79,968,900 won among them at the expense of cancelling the mortgage of the Saemaul FF building 302 and 402.

However, in fact, even if the defendant acquired the right to claim the recovery of deposit money by cancelling provisional attachment against F building 302 and 402, the defendant only thought that he would be used to repay other obligations of the defendant with deposit money, and the registration of F building 302 and 402 is established.