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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, “C” in Chungcheongnam-gun, Chungcheongnam-gun, 2017, 264, is a person operating a secondhand shop in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant, “C” from around 2015 to early 2016, to the victim D, who was a police officer, to pay money, as soon as possible.
“...”
However, in fact, the Defendant was unable to pay the installment payment in excess of the obligation at the time, and there was no intention or ability to pay the installment payment even if he borrowed the money from the injured party.
As such, the Defendant, by deceiving the victim, borrowed a total of KRW 49 million as stated in the list of crimes in the attached Table from around August 10, 2016, from that time to that time, from the time when the victim was subjected to KRW 25 million from that time, but did not pay KRW 9 million and pay the remainder of KRW 40 million, thereby obtaining property benefits equivalent to KRW 40.6 million.
2. The Defendant 2017 Highest 348 [Attachment 348] owned 5,00 won in total of market prices, including DNA air conditioners, at the Defendant’s house located in 101-dong 607 [Attachment 607] E Apartment-si.
On January 5, 2017, the enforcement officer F, who belongs to the Daejeon District Court Support Division, was delegated by creditors G with the execution of H process G, seized 5 points of the above goods at the defendant's home and affixed a seizure mark on the goods.
However, from February 16, 2017 to February 17, 2017, the Defendant moved five points of the above goods with a seizure indication affixed to the warehouse located in I in I of the following cities to the effect of the seizure indication that the public official performed in relation to his/her duties.
Summary of Evidence
"2017 Highest 264"
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Hearing of statements by telephone from a witness;
1. A copy of bankbook;
1. A detailed statement of deposit transactions;
1. Interference with exercise of each right and fraudulent records;
1. Investigation report (K Communications for Witnesses) 2017 Highest 348;
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A protocol of seizure of corporeal movables;