A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 12, 2004, the Defendant filed a lawsuit seeking divorce, payment of consolation money, and claim for division of property against the Defendant on December 14, 2015, on the ground that the marriage relationship has come into existence due to the Defendant’s continuous verbal abuse, assault, and lack of consideration. On August 23, 2017, the first instance judgment was rendered with the purport that “the Defendant and the victim are divorced, and the Defendant would pay consolation money amounting to KRW 15 million to the victim and KRW 80 million to the victim.”

Accordingly, on September 25, 2017, the Defendant: (a) on September 25, 2017, at Ansan-si, the Defendant owned by the Defendant, made a registration of the establishment of a neighboring mortgage of KRW 182 million with the maximum debt amount on the land C and D; (b) loaned KRW 140 million from E on October 23, 2017; (c) withdrawn KRW 80 million from E in cash and check; and (d) deposited the Defendant’s account in cash on October 26, 2017, deposited KRW 20 million with the Defendant’s account; and (e) used the Defendant’s ownership relationship by remitting KRW 70 million with the same Defendant’s account in the name of the former F.

As such, the Defendant concealed property for the purpose of evading compulsory execution by the victim, and harmed the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Court rulings (nine pages of evidence); and

1. Full certificate of each registered matter (C land and D land);

1. A copy of bankbook;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 327 of the Criminal Act applicable to the crimes and Article 327 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and obstruction of the exercise of rights and the mitigation area (one month to eight months) (including specially mitigated persons) (including efforts to recover damage).

3. The sentencing factors as follows: