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

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

Punishment of the crime

From around 200 to 2014, the Defendant did not pay approximately KRW 74 million for agricultural machinery and parts for repair to the victim C. On October 7, 2014, the Defendant filed a lawsuit claiming return of the price against the Defendant and rendered a judgment ordering the Defendant to return the price to the victim. According to the above judgment, the victim filed an application for specification of property with the said Defendant with the said court on February 17, 2015 for compulsory execution of the said price, and the Defendant was served with the said court on February 23, 2015.

Around February 24, 2015, the Defendant, despite being aware that the victim would enforce compulsory execution on his/her own property, purchased and sold 7 mara, which is the Defendant’s property, from his/her home located in Dondonnamdo, to E with the intention of escaping from such compulsory execution, and concealed the said price by receiving the said price from the Defendant’s father to the passbook in the name of F, his/her father.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Decision on the progress of the Supreme Court case, documents and property specification;

1. Application of Acts and subordinate statutes on investigation reports (including both lawsuits of demurrer against a third party and accompanying documents of confirmation of accounts receivable and accompanying documents, etc.);

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to one year) of the sentencing criteria (any person who has no special sentencing factors) shall apply the sentencing criteria [the scope of recommended punishment] and interfere with the exercise of the rights;

2. The Defendant, who was sentenced to a sentence, sold a lawsuit that is one’s own property for the purpose of evading compulsory execution, and got the proceeds from the sale to be remitted to the passbook under the name of his own property and got the proceeds out

The nature of the crime is not good, and there is no agreement with the victim, and the amount of damage is not significant, and the defendant is the first offender.