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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of (State)B.

On July 31, 2014, the Defendant: (a) at the office in the third floor of the building in Songpa-gu Seoul, Songpa-gu, Seoul, (b) around July 31, 2014, (c) at the office in B, and (d) at the office in (ju) B, E, from (ju) E, receives approximately KRW 200,000,000 from (ju) around August 15, 2014.

In order to cancel the seizure and collection order of the claim No. 9162 with the Suwon District Court 2014, the head of Suwon District Court made a false statement as follows: (a) immediately after receiving KRW 200 million of the construction cost from E, the head of Suwon District Court paid KRW 72 million of the debt owed to the party.

However, at the time, the Defendant was unable to pay the wages in arrears of the employees at the construction site of Kazakh, and the employees were in existence at the headquarters of E, thus demanding the victim to cancel the seizure and collection order, which received the above construction payment, and the above construction payment was paid in the manner of direct payment from E (State) and thus, it was impossible to repay the victim’s obligation due to the above construction payment. (State)B had no other intent or ability to repay the debt to the victim because the above construction payment was made in the state of aggravation of financial standing. (State)B had no intention or ability to repay the debt to the victim.

On July 31, 2014, the Defendant: (a) by deceiving the victim; (b) requested the victim to obtain pecuniary benefits from the amount of money by requesting the Suwon District Court to submit a report on the cancellation of seizure and waiver of the right to seize and collect the above claims; and (c) releasing the above seizure and collection order.

Summary of Evidence

1. The defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act and the observation of protection, etc.