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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
Punishment of the crime
1. Summary of the facts charged
(a) No debtor in violation of the Civil Execution Act shall submit a false property list;
Nevertheless, the Defendant, in the law of 309 of the Gwangju District Court of Yangcheon-dong, which was located in Wangcheon-si, on November 16, 2015, issued a formal promissory note in the name of the Defendant who was in charge of the management of interest and management of machinery facilities in the future, in preparation for the case where, as a result of subcontracting from D to D limited liability company, E did not pay construction expenses to subcontracted companies such as equipment even after having received progress payment, and the limited liability company paid construction expenses to the subcontractor, and submitted a false list of assets by submitting a false statement to the above court, even if E did not have a promissory note claim as of August 29, 2014 against the limited liability company (hereinafter “instant promissory note”).
B. Around May 25, 2015, the Defendant was aware that (i) the representative director G of F Co., Ltd. (hereinafter “F”) transferred a loan claim amounting to KRW 190 million, which the said company had against the victim H, and (ii) the fact that the said loan claim did not exist.
Nevertheless, on July 17, 2015, the Defendant applied for an order to pay false loans to H to “the obligor shall pay to the obligee an amount of KRW 190 million at the rate of 20% per annum from the day from the day after the original copy of the payment order was served on the obligee, and the expenses incurred in demanding the payment procedure will be paid to the obligee.” However, on September 7, 2015, the Defendant was dismissed due to failure to comply with H’s order to rectify the stamps issued by the court on September 7, 2015.
Accordingly, the defendant deceivings the court as above and receives a payment order ordering the payment of KRW 190 million from the court and the delay damages therefor.