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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On April 12, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Jung-gu District Court, and the sentence became final and conclusive on July 1, 201.
【The facts of the crime victim C’s living together with the victim, at the office of notary public F office of 506, Aug. 28, 2008, and at the office of notary public of 506, Namyang-si, the bill of indictment was written L, but it is apparent that it is a clerical error. When selling one bond of the house of electric power resource on the ground for KRW 680,000,000, the agreement was made to terminate the living relationship with the victim and pay KRW 100,000 to the victim. D sold the above house for KRW 764,00,000,000 to H, etc. on January 28, 2010, there was a obligation to pay KRW 100,000 to the victim.
Nevertheless, on February 10, 2010, in order to escape a victim's compulsory execution, D had only a debt equivalent to KRW 100,000,000,000 for the Defendant, but it had completed the registration of the establishment of a neighboring establishment of a mortgage with the maximum debt amount of KRW 300,00,000 for the Defendant as to the 1706-dong 605 of the Namyang-si, Namyang-si, which was owned by D, while the Defendant had been aware that D had a debt equivalent to KRW 100,000,000,000 for the Defendant.
Accordingly, the defendant and D conspired with the above, thereby causing the victim to bear false debt in order to escape from compulsory execution.
Summary of Evidence
1. The defendant's partial statement in court (the denial of standing a criminal defendant);
1. Examination protocol of the accused by the prosecution (including the statement D);
1. Examination protocol of suspect against J by prosecution;
1. The police statement of K;
1. Report on investigation by the prosecution (Attachment to the judgment related to the offense) (No. 18 pages of investigation records);
1. A certified copy of each register, a letter of payment, a copy of a certificate, a written decision of provisional seizure, or a copy of each judgment;
1. Before judgment: Criminal records, etc., before and after the prosecution's disposition, and the application of Acts and subordinate statutes reporting results;
1. Relevant Article 327 of the Criminal Act and Article 327 of the Criminal Act and the choice of imprisonment with labor.