A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant received livestock products from the Victim F Co., Ltd. F, Ltd. F, which was operated by E, in operating “D restaurant” on the Busan Jin-gu C and the third floor, but was unable to pay KRW 29,384,610 to the victim until October 6, 2016. As such, the Defendant was issued a provisional attachment order on November 18, 2016 with the Busan District Court 201Mo53801 on the Defendant’s credit card sales claim in order to preserve the above goods sales claim.

The Defendant, on November 28, 2016, at “H restaurant” located in Suwon-gu G and 3, Busan-gu, and the third floor, proposed that the provisional attachment of credit card sales payment claims would hinder the operation of the store. Accordingly, from December 30, 2016 to December 30, 2000 per month, the Defendant’s claim for the return of the lease deposit amount of KRW 30 million, which is the shares in the leased deposit of “H restaurant” operated by the partner and the partner, would be transferred in the event of delinquency for one month.

“.......”

However, the Defendant, at the time, was liable for the total amount of KRW 300 million to credit card theories, loan companies, personal creditors, etc., and due to the operation of the aforementioned “D cafeteria,” the Defendant did not have the intent or ability to make a change in the amount of KRW 300,000 per month to the victim, as it occurred each month due to the occurrence of the deficit, health insurance premiums, etc.

As above, the Defendant: (a) by deceiving the victim as above; (b) requested the victim to cancel the execution of provisional seizure of claims on the same day; and (c) by the cancellation of provisional seizure on the following day, acquired pecuniary benefits of KRW 29,384,610 equivalent to the security value of provisional seizure.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. The letter of payment of the price for the goods, bond transfer, acquisition contract, bond transfer notification, real estate lease contract (netly 5), output of the case search (b) by the Supreme Court, the application for provisional attachment of the claim, the Busan District Court’s decision (2016k only 53801).