A defendant shall be punished by imprisonment for not more than ten 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 Co., Ltd. B (hereinafter referred to as the “main company”) established for the purpose of wholesale and retailing aggregate, and the victim C Co., Ltd (hereinafter referred to as the “victim”) supplied aggregate and transport services to the instant company from December 2, 2018 to April 2019 with aggregate wholesalers.

On May 29, 2019, the company filed a lawsuit seeking the payment of the same amount of transportation charges, etc. against the company in the same court on May 30, 2019, on the following grounds: (a) the company had a debt equivalent to the same amount due to the failure to pay the aggregate price of KRW 123,350,040 to the injured company; and (b) the company filed a lawsuit seeking the payment of the same amount of transportation charges, etc. to the company in the same court on May 30, 2019.

On June 4, 2019, the Defendant made a false statement to the representative F of the victimized Company F in Ulsan-gun E that “The amount of money to be collected is KRW 85,00,000,000, and the amount of money to be collected may be collected for the release of provisional seizure. The Defendant immediately paid KRW 35,00,000 upon the release of provisional seizure against the D Bank account, and repaid the remainder with the money deposited at the end of six months. If the Defendant becomes aware of the amount, he would transfer claims against G, H, I, etc.”

However, the Defendant did not intend to pay 35,000,000 won to the victimized company even if the Defendant released provisional seizure against the D Bank account in the victimized company. This case did not have claims in G, H, and I, and even if the claim against L was already transferred to J, K, etc. by the victimized company, the Defendant had no intention or ability to pay even some of the unpaid amount or transfer other claims to the victimized company even if the provisional seizure was rescinded by the victimized company.

Nevertheless, on June 4, 2019, the Defendant deceiving the victim and caused the victim to cancel the above provisional seizure, which is KRW 123,350,040, which is the claim amount of provisional seizure from the victim.