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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant, around January 6, 2015, attempts to dismiss the Vice Director of the Kaba Team in Seoul Special Metropolitan City Nowon-gu D 1st floor D Kaba from the victim E.
In the case of lending KRW 20 million, it is used as the expenses for the Deputy Director of the Swiss Team, and the profit will be changed by at least 40-500,000 won per month.
“A false statement” was made.
However, in fact, the defendant was planned to use the money received from the injured party as the defendant's debt repayment or living cost, and the defendant was operated with the money borrowed from the injured party in addition to the money borrowed from the injured party, and there was no intention or ability to pay the money to the injured party.
The Defendant received KRW 10 million on January 6, 2015, and KRW 10 million on January 7, 2015, and KRW 20 million on January 7, 2015 from the victim’s account in the name of the Defendant’s bank account (F).
2. The Defendant, at the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, G and 2, owned 800,000 goods worth the aggregate market value of KRW 11.
On December 17, 2015, H with the delegation of enforcement by creditors E on December 17, 2015, a notary public of the above court 2015No. 6582 attached the above goods at the defendant's home in accordance with the original evidence No. 2015 No. 50, a notary public of the above court 2015.
However, on March 30, 2016, the Defendant moved to the Seoul Special Metropolitan City Gwanak-gu I to find it difficult to find the above seized goods because their location is unclear.
As a result, the Defendant concealed goods with attachment marks in relation to his duties, thereby impairing their utility.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on seizure of seized property, seizure protocol, process deed of tangible property, inquiry of the results of transfer to the Korean bank, detailed statement of each account, each investigation report (net 11, 15, 17) and monthly rent contract;
1. Article 347(1) of the Criminal Act and Article 140 of the Criminal Act concerning criminal facts and the choice of punishment.