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(영문) 제주지방법원 2017.12.21 2016고합157
특정경제범죄가중처벌등에관한법률위반(사기)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

On April 14, 2014, the Defendant: (a) filed a provisional disposition against D Co., Ltd. with the Defendant to transfer mushroom loading equipment to D Co., Ltd.; (b) on May 9, 2014, the Seoul District Court 2014Kahap 50061 Dongsan, etc., issued an order to transfer the aforementioned D Co., Ltd. to the victim Co., Ltd. one of the movable and the victim Co., Ltd. listed in the separate list Nos. 1 through No. 104 in the separate list No. 1 and No. 104 in order to anticipate compulsory execution from the victim Co., Ltd. and to avoid this; (c) on May 14, 2014, the Defendant moved the aforementioned D Co., Ltd.’s list Nos. 1 to 14 and 100 in the market price at which the victim Co., Ltd. purchased and requested the custody of the Defendant; and (d) was likely to receive compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the witness G in the first trial record;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police with respect to F (including the G statement part);

1. A copy of each judgment, or a protocol of impossibility of provisional injunction against corporeal movables;

1. The documents attached to the complaint [the defendant returned one container that he received from the victim company, and therefore, the defendant did not constitute a crime of escape from compulsory execution against the part of "one container at the market price" among the facts charged in the judgment. However, according to each of the above evidence, the victim company can recognize the fact that he purchased six containers from "H company" and stored them in the defendant around January 2014. Thus, the defendant returned one of them to the victim company, as alleged above.

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