Text
Defendant shall be punished by a fine of KRW 700,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person in charge of insurance business of E and F, a joint proprietor of a restaurant among "D" operated by the victim C, and is present at the interim settlement meeting of the joint proprietor of the business, including the victim, at the D restaurant located in Hong-gun G around April 9, 2016, which around 15:00, and at the D restaurant located in Hong-gun G, Hong-gun, Hong-gun, the defendant will keep the victim from being detained by embezzlement of public funds.
In order to the effect that such fraud is changed and that business is carried out, the victim was openly insulting.
Summary of Evidence
1. Entry of a defendant in part in the protocol of second public trial;
1. Legal statement of the witness H;
1. Statement of the witness C and each of the J in the third public trial records;
1. F’s statement protocol against the police (the victim and J’s statement is not in a consistent, specific, and different circumstances to be published; credibility is recognized in light of the attitude of the victim and J’s statement in this Court; H also made a statement consistent with the above statement in this Court; F also made a statement in an investigative agency consistent with the above statement.
F In this Court, in the telephone conversations with investigative agencies, E stated to the effect that the Defendant did not have the same speech as the facts charged, but F. E appears to have a good appraisal in the victim by deeming the damage to the victim during the course of his business as a person in a trade relationship with the victim (Evidence No. 95 of Evidence No. 95, F Recording No. 5 of Record), and the above F and E’s statements alone do not dismiss the credibility of the victim, J, H’s statements and F’s statements with investigative agencies).
1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1.Article 62, Paragraph 1, Article 62 of the Criminal Code of the Suspension of Execution [In relation to the remittance of the amount of 600,000 won to K at the intermediate settlement meeting, the victim's false explanation is defective (F record No. 6 pages, the victim's recording book).