A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant, as the representative director of D Co., Ltd., Ltd., in the case of strike, was liable to pay wages to employees, to settle payments to business partners, and to borrow loans from financial institutions and private individuals while operating the said company.

On June 2014, the Defendant appeared to have moved in compulsory execution, such as demanding repayment of KRW 123,440,00 against the Defendant’s claim against the Defendant and seeking to file an application for provisional seizure. Other creditors also have the attitude to enforce compulsory execution, and at that time, transferred unregistered machinery, equipment, etc. under the market price kept in the company operated by the Defendant to the warehouse located in Kimpo-si, and concealed the said machinery to the warehouse located in Incheon on March 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A complaint (including the confirmation source of the money and valuables in arrears, judgment, sales status D, electronic tax invoices, copies of bankbooks, respectively);

1. Each investigation report (including tax invoices attached to a complainant), submission of additional supporting materials (including confirmation of overdue money and valuables attached), and telephone communications on side of Maternary machines);

1. Application of Acts and subordinate statutes to photographs of products;

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are not stated in the value of the machinery and equipment, etc. concealed by the defendant for the purpose of evading compulsory execution, and it seems that there are some circumstances to be taken into account in terms of the motive or circumstance leading to the instant crime, and that there seems to be no benefit acquired by the defendant on the part of the instant crime until now, under the unfavorable circumstances such as the fact that the defendant has not been repaid to the creditors who are victims, and that the victims failed to agree with the victims.