A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person in a legal marital relationship from C and September 18, 2000.

The Defendant, on May 8, 2014, filed a motion for provisional attachment of a claim for consolation money and a claim for division of property pursuant to divorce with the District Court Decision 2014 businesshap1022 on May 8, 2014, is likely to be subject to compulsory execution against the Defendant’s property by filing a motion for provisional attachment of the claim, with the aim of evading this;

1. around May 23, 2014: 14,000,000 won from an enterprise bank account (D) under the name of the Defendant;

2. around May 26, 2014, KRW 10,000 from the above Enterprise Bank Account under the name of the Defendant,

3. around May 26, 2014, 30,149,589 won from the National Bank Account (E) in the name of the Defendant’s name;

4. Around May 26, 2014, around KRW 30,000,00 were withdrawn from the corporate bank account (F) in the name of the Defendant, and the aggregate amount of KRW 84,149,589 was kept in an unspecified place.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging C as a creditor.

Summary of Evidence

1. The defendant's partial statement in court (the withdrawal of money from the court, the acknowledgement of the fact of custody/the denial of the fact of concealment);

1. The police interrogation protocol of the accused (including a statement to the effect that he/she withdraws money in thought that he/she cannot find money in the passbook when a divorce lawsuit is filed with the complaint of a divorce lawsuit);

1. Statement to C by the police;

1. The head of the divorce office, the Supreme Court’s case search, financial transaction details, a certified copy of resident registration, the defendant and the defense counsel did not conceal property, and they claimed the above facts constituting the crime.

In the crime of evading compulsory execution, the term “covering property” means to make a person executing compulsory execution impossible or difficult to detect property. It includes not only the case where the location of property is unknown but also the case where the ownership of property is unclear. It is easy for the defendant to withdraw money from his account subject to provisional seizure in order to evade provisional seizure and consume it.