However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

On December 16, 2013, according to the decision of the commencement of compulsory auction by Sungnam-gu, the Defendants: (a) on December 17, 2013, pursuant to the decision of the commencement of compulsory auction by Sungnam-gu, the Defendant agreed to the effect that, on December 17, 2013, the registration of compulsory commencement of auction was made to the building owned by Defendant B in Gwangju-si (hereinafter “the instant real estate”) and thus, it was impossible to purchase and sell the said real estate; (b) the Defendants conspired to cancel the said registration to the effect that, around the end of December 2013, the Defendants would sell the said real estate to the Defendant for repayment of the borrowed amount of KRW 30 million by selling the said real estate.

However, the Defendants did not have any other property than the instant real estate at the time. Even if the Defendants sold the instant real estate and received the sales price, they were thought to use the said sales price for obligations to others other than the victim, overdue card payments, overdue loans interest, overdue loans, medical insurance premiums, large-scale children, etc., and there was no intention or ability to repay the said KRW 30 million to the victim with the sales price of the instant real estate.

The Defendants, on January 20, 2014, ordered the victim to cancel the registration of the said forced auction decision, sold the real estate to F on March 10, 2014, and transferred the ownership thereof to F. Even though the Defendants received KRW 83 million as the down payment on January 23, 2014, the Defendants acquired the financial benefits equivalent to KRW 30 million due to the failure of the victim to pay the said KRW 30 million.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to D;

1. The application of statutes, such as a C compulsory auction decision, process deed, real estate transaction contract, and recording document;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;

1. Attraction of a workhouse (Defendant B) Articles 70(1) and 69(2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Social service order (Defendant A) Article 62-2 of the Criminal Act;

1. The Criminal Procedure Act (Defendant B) provides a provisional payment order.