Defendant

A Imprisonment with prison labor for one year, for eight months, and for ten months, for each of the defendants C.

(b).

Punishment of the crime

Defendant

C On May 11, 2016, the Changwon District Court was sentenced to six months of imprisonment for embezzlement and two years of suspended sentence, and the judgment was finalized on the 19th day of the same month. On August 7, 2018, the Changwon District Court was sentenced to six months of imprisonment for injury and two years of suspended sentence, and the judgment was finalized on the 15th day of the same month.

Defendant

A prepared on May 26, 2014 a fair deed (No. 00451, 2014) with respect to the debt of KRW 140 million arising from the transaction with the victim D, and Defendant A’s wife F had the joint and several liability to the above victim.

However, as Defendant A and F failed to perform the above obligation, the victim was granted an execution clause on the above process deed on July 8, 2015 and applied for a compulsory auction with the claim amounting to KRW 142,508,000 for the 5th floor H of the G building G building owned by the above F to the Seoul Eastern District Court, and the Seoul Eastern District Court decided to commence the auction procedure on July 13, 2015 for the above real estate.

Defendant

A, upon the commencement of a compulsory auction as above, the defendant C said, “There is no way to prepare a false loan certificate and request the distribution of dividends to an auction, and the certificate of seal impression issued prior to the commencement of the compulsory auction will be necessary.”

Accordingly, Defendant A received a certificate of seal impression issued prior to a decision of compulsory commencement of auction from his wife, and upon notifying C of this fact, Defendant A and Defendant C prepared a false certificate of loan for the purpose of evading a victim’s compulsory execution, and issued a promissory note to submit it to the auction court, and solicited Defendant C to apply for a demand for distribution while submitting it to the auction court. Defendant C is a de facto marital relationship with the victim.