A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that for one year from the date this judgment becomes final and conclusive.

Defendant

A From December 9, 2004 to November 23, 2011, from around December 201, 2004, KRW 57,000,00 among the “145,130,931 won” of the principal of the obligation stated in the indictment in total with respect to the victim Banan Agricultural Cooperative as the principal of the obligation to pay KRW 88,130,931, the principal of the obligation to pay the amount of KRW 145,130,931, the said obligation was not a crime of evading compulsory execution. However, insofar as the crime of evading compulsory execution against the remainder of the obligation is established, there is no influence on guaranteeing the Defendant’s right to defense. Therefore, “8,130,931 won” (=145,130,931 won -57,00

On September 29, 2009, Defendant A had a considerable amount of credit payment and loan liability, Defendant A’s father D had a joint and several liability within the limit of KRW 23,00,000 for part of Defendant A’s debt to Defendant A’s victim. Defendant A lost the benefit due to interest accrued around December 201 and was urged to repay the debt several times from the victim. On January 19, 2012, Defendant A applied for a payment order for credit payment order against Defendant A to the Busan District Court in the Magyeong-gun District Court.

Accordingly, Defendant A had the intention to evade compulsory execution by falsely transferring a lawsuit raised with his own land, etc.

1. Defendant A

A. On January 19, 2012, the Defendant entered into a false donation agreement with the Defendant’s wife F, with respect to the land in Pyeongtaek-gun, Chungcheongnam-gun, the Defendant owned, in order to escape from compulsory execution from the victim at a place unknown to him/her, and completed the registration of ownership transfer in the name of the said F, at the Bupyeong-gun, Gwangju District Court’s Port Office on January 20, 2012.

Accordingly, in order to escape compulsory execution, the defendant transferred property falsely to the creditor, thereby damaging the creditor as the creditor.

B. In order to escape from compulsory execution from the victim at the time and place described in the above paragraph (a), the defendant's father, who is a joint and several surety of some of the defendant's debts against the victim, is transferred to the defendant's father D.