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Defendants are not guilty.
Reasons
1. Defendant A is engaged in the clothing trade business on the second floor of Seongdong-gu Seoul Metropolitan Government E building with the trade name of F Co., Ltd., and Defendant B is the main body of Defendant A’s Schedule.
Defendant
A was liable for USD 256,866.83 due to the transaction with H, a son of the victim G, from August 2010 to June 2012. On July 31, 2012, A prepared an authentic deed of a monetary loan agreement between the victim and the victim that pays USD 20,000 on the last day of each month during four months from August 2012, and KRW 176,86.83 on the last day of December 2012, in the event that the said obligation is not performed, A prepared an authentic deed of a monetary loan agreement between the victim and the victim that pays USD 176,86.83 on the last day of December 2012, 200.
Accordingly, when it is anticipated that the victim would enforce a compulsory execution against the property owned by the defendant when he/she fails to perform his/her obligation, the defendant A conspired with the defendant B to be exempted from the compulsory execution of the victim by means of false transfer by pretending the sale and purchase to the defendant B of Dongjak-gu Seoul Metropolitan Government I and the third floor No. 301 (hereinafter "the loan of this case"), his/her own ownership, and on August 27, 2012, he/she prepared a sales contract with the above F office to sell the above loan of 250 million won to the defendant B, and completed the registration of ownership transfer in the name of the defendant B on the same day.
As a result, the Defendants conspired to commit a false transfer of the Ba on the part of Defendant A to Defendant B for the purpose of evading compulsory execution.
2. Determination
A. Defendant B’s assertion from September 201 to September 201, residing in the 100,000 won monthly security deposit in the Ba of this case owned by Defendant A. On August 27, 2012, Defendant B actually purchased the Ba of this case from Defendant A with KRW 250,000,000 from August 27, 201. The transfer of the Ba of this case is not a false transfer.
(b)(1) False transfers in respect of the crime of evading compulsory execution.