Defendant

A A shall be punished by a fine of KRW 9 million, by a fine of KRW 5 million, by a fine of KRW 5 million, and by a fine of KRW 8 million.

Punishment of the crime

Defendant

A is the representative director of E, and Defendant C is the representative of E, and Defendant C is the manager of E, despite having acquired ownership on May 4, 201 at auction with respect to the 10th floor of the F building in Namyang-si, Gyeonggi-do, which had been operating the Donsan Puest Puest, the victim company did not pay the rent. The victim company filed an application for a payment order with the Government District Court on December 13, 201, and immediately filed an application for a provisional attachment with the Government District Court on December 19, 201 with respect to the lessor G and the claim for the refund of the rental deposit to H, which is the only property owned by E on December 19, 201.

Around that time, lessor G and H notified Defendant C of the provisional seizure order as above.

As above, when Defendant A and Defendant C are likely to be subject to compulsory execution by the victim company, the creditor company, and for the purpose of evading compulsory execution by the victim company, Defendant A and Defendant C decided to transfer the right to return the lease deposit by changing the name of the lessee on the lease agreement entered into with G and H to Defendant B with the consent of Defendant B. On December 15, 2011, Defendant A and Defendant C entered into a new lease contract with the lessee from the above E office located in the Namyang-gu Seoul Metropolitan City, Gyeonggi-do, to Defendant B, and submitted it to the court of the above provisional seizure decision.

As a result, the Defendants conspired to commit a false transfer of the above lease deposit claim for the purpose of evading compulsory execution, thereby doing so to the creditor company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness I, J, H and K;

1. Each part of the prosecutorial investigation protocol against the Defendants, H, G, and K (including the replacement of the Defendants)

1. Each police statement to J and K;

1. Full certification of the matters to be registered, protocol of execution of delivery of real estate, decision-making, and provisional seizure of claims, respectively;