A defendant shall be punished by imprisonment for one year.

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

On June 13, 2008, the Defendant concluded a construction contract with D Co., Ltd. and D Co., Ltd., “total construction cost of KRW 65 million, down payment of KRW 100 million, completion of aggregate construction work, payment of KRW 60 million, and the remainder of construction work cost shall be purchased and sold an apartment in which the Defendant was residing at the time of the purchase, and when construction of a new building is completed, it shall be paid from the revenue of the building.”

After that, the victim company completed the construction work and registered the preservation of ownership in the name of the defendant around May 18, 2009, and thereafter entered the tenant, the defendant did not pay KRW 245 million out of the construction cost.

On September 21, 2009, the injured company registered provisional seizure of real estate against the above land and building. On May 14, 2010, the injured company received payment of KRW 80 million from the Defendant, and on July 20, 2010, registered the decision of compulsory auction commencement with the claim amount of KRW 165 million against the above land and building.

On November 2010, the Defendant made a false statement in the office of the victim company located in the E Building 402, stating that “The Defendant would sell the land and buildings or immediately repay the construction price by receiving the deposit for commercial buildings, by cancelling the provisional attachment of real estate and withdrawing the auction, because the real estate would not be sold by the victim company due to the provisional attachment or auction of the real estate applied by the victim company.”

However, the defendant did not have the intention or ability to immediately repay the construction cost, even if he had cancelled provisional seizure by the victim company and withdrawn the auction.

Accordingly, the Defendant, by deceiving the victim as such, voluntarily withdrawn the compulsory auction of the above land and building on November 17, 2010, and acquired the pecuniary benefits equivalent to KRW 165 million for the construction cost by releasing the provisional seizure on January 12, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness F.