사기미수
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 April 18, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of injury, etc. in the Suwon District Court, and on August 30, 2012, the said judgment became final and conclusive.
On September 6, 2010, the Defendant received a payment order of KRW 100,00,000 from the creditors, the obligor, the victim H, I, and the agreed amount, which became final and conclusive around that time.
On the basis of this, the defendant seized and seized the victim's deposit account, and I tried to reach an agreement with the defendant to operate a private teaching institute due to the seizure of the principal transaction account.
On January 31, 2011, the Defendant, instead of releasing the attachment of deposit claims of KRW 100 million, received KRW 80,000,000 from the victim to December 2, 201, immediately, by mutual agreement with I to receive KRW 80,000,000 from the victim, and received KRW 80,000 from around that time to December 30, 201. On February 1, 201, the Defendant filed an application for the rescission and waiver of the attachment of deposit claims against the National Bank, a stock company, for the waiver of collection of deposit claims.
Therefore, the Defendant did not have the right to enforce the sentence against the victim after December 30, 201, when he received the full amount of KRW 80 million.
Nevertheless, from November 201 to January 201, 201, the Defendant was under pressure due to investment of KRW 11.5 million from J and K from around November 201, and failure to pay profits, etc., the Defendant was determined as above, and as if there were claims to be executed against the victim using the payment order that became final and conclusive as stated in the execution clause, and received a seizure and collection order for the victim’s claims, and used them as the transfer of claims to J and K as if this claim exists.
1. On March 26, 2012, the Defendant: (a) in the Busan District Court located in the 1-dong, Busan District Court; and (b) in spite of the absence of title to execute, the Defendant paid the principal KRW 32 million out of the agreed amount claim established by the above payment order.