A person shall be punished by imprisonment with prison labor for three months and by imprisonment for two months with prison labor for the crime No. 1 of the judgment of the defendant.

Punishment of the crime

On August 12, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Incheon District Court for a period of eight months. On December 17, 2009, the above judgment has become final and conclusive.

The defendant is a person who has served as an executive director in C's corporation located in B at the time of Gyeonggiization.

1. The victim D supplied steel products to C and did not receive KRW 67,674,090 for the price, and around April 2009, the victim D completed the execution of provisional seizure of corporeal movables with the claim amounting to KRW 29,274,090 on the steel file presses (hereinafter “the instant machinery”).

(U.S. District Court 2009Kadan2682). On the other hand, E, other creditors of C, has completed provisional attachment execution prior to the victim.

Around October 2009, the Defendant stated that “The instant machinery is prepared by investing in C with the inside of the machinery. Other provisional seizure authorities also issued provisional seizure against the instant machinery. On the face of the removal of provisional seizure, the Defendant would immediately order the 10 million won to dispose of the instant machinery. In order to show that the Defendant would pay KRW 10 million to the Plaintiff, the Defendant would draw up a loan certificate in the name of the Republic of Korea.”

However, in fact, there was no way for the person entitled to provisional attachment E to cancel the execution of provisional attachment for the instant machinery, and the instant machinery was not prepared with the money invested by the Defendant, and the Defendant was merely a plan to use the money to dispose of the instant machinery for personal living expenses, etc., so even if the victim cancels the execution of provisional attachment, there was no intention or ability to reduce KRW 10 million to the victim.

Around October 16, 2009, the Defendant, by deceiving the victim as above, had the victim cancel the execution of the above provisional seizure, thereby acquiring the above claim amounting to KRW 29,274,090.

2. The Defendant called the victim on March 2010 and supplied a iron plate to the victim on credit.