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The defendant shall be innocent.
Reasons
The defendant in the factory room and the victim F obtained knowledge through the victim's visit sale of cosmetics, the defendant borrowed a total of KRW 190 million from the injured party about January 15, 2003, KRW 20 million around February 17, 2003, KRW 40 million around November 6, 2003, KRW 130 million around November 6, 2003, and repaid KRW 50 million among them.
From August 2005, the Defendant had received demand from the injured party to pay the above borrowed money continuously and had a full payment with respect to it. On August 3, 2011, the Defendant got insurance money as his husband died due to a traffic accident. On August 3, 2011, the Defendant had attempted to avoid compulsory execution by transferring the insurance money to the friendly G bank account that he manages and uses the insurance money to the new bank account of the victimized party.
Accordingly, on October 5, 201, the Defendant transferred KRW 60,440,000 of the insurance money received from the Alanz to his Saemaul Savings Depository account to the said new bank account around October 6, 2011. On October 12, 2011, the Defendant transferred KRW 71,650,000 of the insurance money received from the Samsung Fire to the said new bank account in G on the same day. On November 9, 2011, the Defendant transferred KRW 183,920,000 of the insurance money received from his Saemaul Savings Depository account from the Alanz to its new bank account around November 15, 201.
Accordingly, in order to escape compulsory execution, the defendant concealed or falsely transferred the above insurance money to the creditor, thereby damaging the victim as the creditor.
Judgment
1. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, at the time of the loan of this case, the defendant operated the main point of "I" at Suwon-si H. The loan of this case was paid from January 15, 2003 to November 6, 2003 as the operating fund, etc. of the above main point during the period between the above main point from January 15, 2003 to November 6, 2003. The defendant paid interest on the loan of this case to the victim until the fire occurred in the above main point and the suspension of business.