Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a person who operates Co., Ltd. E (hereinafter referred to as “E”) in Jeju City, and Defendant B is an employee of the foregoing E.

The victim SNK Co., Ltd. (hereinafter “victim”) supplied the goods, such as beverages and fruits equivalent to KRW 800 million to the above E from February 2, 2015 to June 2015, but was unable to receive KRW 112,364,187 out of the price of the goods. Around January 3, 2016, the Plaintiff filed a civil suit against the Busan District Court Vicecheon Branch E seeking payment of KRW 112,364,187 out of the price of the goods. Around February 3, 2016, the above court received a provisional attachment order against the third debtor “SF Card Co.,,, Ltd., Ltd., Ltd., and one card Co., Ltd., Ltd.,” by the debtor’s third debtor “CF Card Co.,, Ltd., Ltd., and one card Co., Ltd., Ltd.,”

The Defendants thought that the victim company's provisional attachment of E's sales claims against E's credit card companies will be difficult to operate E, and they were willing to avoid compulsory execution by concealing E's credit card sales proceeds.

Accordingly, Defendant A instructed Defendant B to register a separate individual entrepreneur, and Defendant B registered as an individual entrepreneur at E’s workplace located in Jeju-si, around April 2016, and sold goods in E, and had each credit card company pay credit card sales to Defendant B with credit card terminals in the name of “F” while selling goods in E.

As a result, the Defendants concealed the above E’s credit card sales amount for the purpose of evading compulsory execution, thereby doing harm to the creditor.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement of the police statement related to G;

1. A complaint, written contract, written decision, details of the progress of the case, receipts, and tax invoice;

1. Application of statutes on judgment in civil procedure;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 327 and 30 of the Criminal Act and the choice of imprisonment

1. Defendants of the suspended sentence: each criminal law.