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A defendant shall be punished by imprisonment for not less than two years and six months.
Of the litigation costs, 100,000 won for the witness shall be the defendant.
Reasons
Punishment of the crime
The Defendant: (a) had been admitted to the Korea Land and Housing Corporation, whose father network D owned, and, even though he received approximately KRW 4.2 billion of land compensation from the Korea Land and Housing Corporation, he did not divide it to the remaining siblings, including the Defendant; (b) as a result, the Defendant filed a lawsuit claiming the transfer of ownership against F in collaboration with his father (victim GHI) on September 1, 2010; and (c) on February 9, 2012, the Defendant received KRW 1 billion of land compensation from the F on behalf of the victims from the Defendant Agricultural Cooperative account (J).
On February 28, 2012, the Defendant withdrawn 800 million won from the remainder of the compensation for the said land, excluding attorney’s fees and taxes, and deposited 200 million won in the Agricultural Cooperative account under the name of the Defendant, and deposited 600 million won in another Agricultural Cooperative account (K). From May 2012, the Defendant demanded the victims to receive compensation more than 1/4 because he/she took a leading role in the lawsuit of F with F and thus the Defendant received compensation, and became a dispute with the victims arising from the distribution of compensation.
Accordingly, as a result of the dispute over the distribution of compensation, the defendant was anticipated to enforce compulsory execution against the compensation which the defendant deposited from the victims to the Agricultural Cooperative account in the name of the defendant, with the intention of avoiding compulsory execution, the defendant was willing to conceal it by withdrawing the above money and depositing it into the defendant's husband's account. On May 29, 2012, the defendant withdrawn 60 million won from the above LF account of the defendant in Jung-gu Seoul Central Agricultural Cooperative at the 16.4 NH Doropoon branch around May 29, 2012, and then deposited 40 million won in M's Agricultural Cooperative account (N) and the remaining 200 million won into the other NA account of M, thereby impairing the victims, respectively.
Summary of Evidence
1. Partial statement of the defendant;
1. Witnesses G, H and I, respectively.