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(영문) 대전지방법원 2018.11.22 2016고단2615

사기등

Text

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.

(e).

Reasons

Punishment of the crime

1. On March 7, 2014, the Defendant, as a joint representative of the victim E Co., Ltd. E established under a partnership agreement with the limited company B (representative C) and a joint representative of the victim E Co., Ltd., Ltd., a corporation with limited liability, made an advance consultation with a prior consultation on expenditure of at least KRW 10 million, and took charge of the fund management affairs of the victim Co., Ltd. along with D joint representatives.

Nevertheless, on November 27, 2014, the Defendant arbitrarily transferred KRW 10 million, which was kept in the F Association account in the name of the victim company, to the G Bank account in the name of the defendant, and used it for the personal purpose around that time, and then embezzled by using 90,15 million won in total for four times, such as the [Attachment] No. 4 through No. 7 of the daily list of crimes, as well as by using it for the personal purpose at any time.

2. On January 9, 2015, the victim B Co., Ltd. was subject to the Jeju District Court’s ruling of provisional seizure of claims ( Jeju District Court 2015Kahap 1) from the Jeju District Court on the following grounds: (a) around 12:37, 2015: (b) around January 12, 2015, the original copy of the ruling of provisional seizure of claims was served on HF association.

At around 13:00 on January 12, 2015, the Defendant sent the notice of the provisional attachment of claims by telephone from the president of the FFFFFFFFFF, and requested I to transfer KRW 330,000,000 to the above FFF cooperative account (Account Number K) in the name of the Defendant at around 13:32 on the same day.

Accordingly, the defendant concealed E's property in order to escape from compulsory execution by the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. A written protocol concerning the examination of a suspect against the defendant by a certain prosecutor (including one time and a part of the L);

1. A protocol concerning the examination of suspect of M;

1. Each police statement made with respect to L, I, or N;

1. The ruling of provisional seizure of claims by the Jeju District Court; and