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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant B’s identity is a person who registered D as a representative director and actually runs the F Co., Ltd. in the Nam-gu Incheon Metropolitan City E, and Defendant A is a representative director of G.
2. The Defendant B, who was exempted from compulsory execution, received goods from the Plaintiff Company, and did not pay the price. On March 29, 2012, the victim applied for a payment order of KRW 289,652,068 against the said F to the Defendant Company for the payment order of KRW 289,652,068, and applied for a payment order from the said F to the said F and the payment of KRW 290,000 as a result of the court’s conciliation during the lawsuit for the payment of the goods was pending in 2207. According to the conciliation protocol, on October 30, 2012, the Defendant B filed an application for compulsory auction of movable property owned by the said F with the Incheon District Court for compulsory auction on the said property, and following the application, the compulsory auction procedure was conducted on this part of Chapter 9803.
Accordingly, Defendant B had the burden of false debt, exempted the compulsory execution, and proposed that Defendant A would be pretended to have the debt to the above G, and Defendant A accepted this.
Defendants in collusion with the Defendants at the above F Office on March 8, 2013, Defendant B had the obligation to sell KRW 334,55,000 to G from March 8, 2013, and redeemed up to April 30, 2013.
“A letter of performance of the sales claim” was prepared and sent to Defendant A, and Defendant A, on October 16, 2013, applied for a payment order from May 1, 2013 to the date of receiving the authentic copy of the instant payment order from the date of delivery of the original copy of the instant payment order, and from the next day to the date of full payment. Defendant A was determined to receive the payment order on October 25, 2013. Defendant B did not raise any objection against the above payment order and was finally decided on November 16, 2013.
Accordingly, the Defendants conspired with each other.