However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant is the representative director of D) who is supplied with automobile parts by C, and the above C is a person who operates E to process and deliver automobile parts.

C fails to pay KRW 104,016,356, after receiving a bill discount from the victim F, and on the basis of the above debt, C was determined to seize and collect the claim amounting to KRW 31,73,494, out of the supply amount to be received from the Defendant by the Changwon District Court 2009T, the Changwon District Court 2009T,5705, on September 1, 2009. On April 9, 2010, C was determined to seize and collect the claim amounting to KRW 72,282,862, out of the supply amount to be received by the Defendant from the Defendant.

In collusion with C, the Defendant concealed C’s property by remitting KRW 104,016,356 from September 30, 2009 to July 12, 201 at the D office located in Seongbuk-gu, Sungwon-si, Sungwon-si, Seoul, to C for the purpose of evading compulsory execution as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect C by the prosecution;

1. Application of the F’s written statement by each police officer;

1. Article 327 and Article 327 of the Criminal Act concerning the facts constituting an offense;

1. Claims by the defendant and his/her defense counsel under Article 62 (1) of the Criminal Act;

1. The acts of the defendant on the assertion shall not constitute concealment of the crime of evasion of compulsory execution;

2. The crime of evasion of compulsory execution under Article 327 of the Criminal Act is a danger of undermining creditors by concealing, destroying or transferring property or falsely bearing a false debt with the intent to evade any subjective compulsory execution, and is not necessarily constituted a crime that causes damage to creditors or commits an offence against which an actor gains (see, e.g., Supreme Court Decision 2012Do3999, Jun. 28, 2012). The aforementioned crime of concealment of property is against a person who executes compulsory execution.