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(영문) 수원지방법원 2019.01.15 2018고단4272
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 2012, the defrauded: (a) the Defendant was unable to know a place; (b) the Defendant was obligated to pay approximately KRW 100 million at the time; (c) even if the Defendant received construction payment, the Defendant received money from the victim B even if he/she did not have any existing debt repayment and personnel expenses, and even if he/she borrowed money from the victim B, he/she did not have any intent or ability to repay the money; and (d) he/she received the money from the victim to receive KRW 22 million from the victim’s account on October 20, 2012.

2. The public officials who indicate and conceal the performance of duties shall not impair or conceal the seals, seizure and other compulsory dispositions taken in relation to their duties, or impair their utility by other means.

On June 5, 2017, execution officers D belonging to Suwon District Court seized corporeal movables equivalent to the total value of KRW 1,750,000, including 1,750,000, at the time of Suwon District Court by the notarial deed No. 159 of E Joint Office Deed No. 2013, E notary public E, which was entrusted to the execution by the victim B, the creditor, and attached a seizure mark on the goods.

On September 2017, the Defendant moved the goods indicated by the seizure, while moving the said goods to H in Osan-si without filing a relocation report, to the Seocho Execution Office.

Accordingly, the defendant concealed the attachment or other compulsory disposition by a public official in relation to his duties.

3. On October 20, 2012, the Defendant: (a) borrowed KRW 22 million from the victim B and failed to repay it; (b) on June 5, 2017, seven corporeal movables, such as a cooling house in the Defendant’s residence, were seized; and (c) on September 21, 2017, the said corporeal movables were scheduled to be auctioned.

around September 2017, the Defendant moved to H at Osan-si, as described in the foregoing paragraph (2) and carried the said goods and concealed the said corporeal movables.

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