1. The punishment of the defendant shall be determined by six months;

2.Provided, That this ruling shall not be later than one year from the date on which it became final and conclusive.

Defendant

A borrowed a total of KRW 48,50,000 from the victim E who had an internal relationship from June 29, 2007 to June 29, 2009, and borrowed KRW 11 million from the same victim around November 7, 2012.

On June 14, 2013, the victim E completed the registration of provisional seizure of KRW 86/106, which is the share of Defendant A, and the amount claimed on the housing (hereinafter “the instant real estate”) located in Seosan-si, Seosan-si, and KRW 95,00,000,000. On July 8, 2013, the victim E filed a loan claim against Defendant A with Seosan branch of the Daejeon District Court. The victim G claimed a claim for damages due to the said victim’s tort against Defendant A and completed the registration of provisional seizure of KRW 60,00,000,000,000,000,000,000.

Defendant

A conspired with Defendant B, a fraud, to avoid compulsory execution of the instant real estate by bearing a false debt when taking a specific risk to be subject to compulsory execution as above.

Accordingly, the Defendants, at around May 13, 2014, prepared the relevant documents as if Defendant A had a debt despite the absence of a debt against Defendant B, and on this basis, completed the registration of the establishment of the right to collateral security with the debtor as Defendant B, the mortgagee as Defendant B, and the maximum amount of the debt KRW 150 million, thereby bearing false debt.

As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby doing so to the obligee.

Summary of Evidence

1. Each legal statement of witness E and G;

1. A certified copy of the real estate register, a copy of the judgment, and a copy of compulsory auction records;

1. A report on investigation (attaching the text of the judgment, such as loans, etc. for Daejeon High Court 2014Na 3809);

1. Application of Acts and subordinate statutes on mortgage creation agreement;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 327 and 30 of the Criminal Act

2. Attraction of a workhouse;