1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 13, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on February 3, 2017.

The defendant is the chief of the general affairs of the Foundation C, who is a person in charge of the revenue and expenditure of the corporation's property and profit-making business.

Around May 27, 2014, the Defendant issued to the victim E a promissory note of KRW 400 million in the name of the Incorporated Foundation C with D, the president of the said Incorporated, and drafted a fair deed recognizing the compulsory execution of the said note.

After that, the defendant and the above D did not pay the above promissory note to the victim, and the victim received a seizure and collection order from the Seoul Central District Court on September 2, 2014 with respect to the deposit claims deposited in the C Bank, a foundation, from the Seoul Central District Court.

Accordingly, in order to avoid compulsory execution, the Defendant and the said D changed the income account, such as the rent of the said corporation, from the above-mentioned bank account to the bank account in the above-mentioned name: (a) around September 11, 2014, the Defendant and the said D changed the income account, such as rent, etc., of the said foundation C into the bank account in the above-mentioned name.

Accordingly, the defendant, in collusion with the above D, concealed property in order to escape from compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. The written determination of a collection order and seizure of each claim;

1. Each lease contract;

1. Details of passbooks to pay monthly rents from 2014 to 2015;

1. Application of Acts and subordinate statutes on reporting data on the accounting year, details of offset, and annual management of entrusted property in accordance with an entrustment contract for the management of State property;

1. Article 327 of the Criminal Act applicable to the relevant criminal facts and Articles 327 and 30 of the Criminal Act;

2. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1) shall apply;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4.Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.