A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On June 3, 2010, the Defendant jointly and severally guaranteed the Defendant’s husband C’s debt of KRW 40,000,000 which the Defendant assumed against D, and the Defendant used the Defendant’s business as “F” on August 1, 203 through May 30, 2013 by leasing Nos. 427 and 428, Jung-gu, Seoul.

On April 16, 2013, the Defendant: (a) based on the executory exemplification of the judgment rendered by the Seoul Western District Court Decision 2012Da18338 Decided July 10, 2012, the Defendant delayed the enforcement by saying that D will repay the principal by the end of May 2013; (b) based on the executory exemplification of the loan case, D’s KRW 428,00,000,000,000 won to D’s account; and (c) said D would delay the enforcement.

However, as the Defendant failed to implement the said promise, placed the above 427,428 commercial buildings at a location where the seizure of corporeal movables would be carried out again, the Defendant reported the closure of business on May 30, 2013 and reported the opening of business to the above F with the trade name of the Defendant on the same day, and changed the name of the lessee to G by succeeding the leased deposit money of the Defendant to G on the said 427,428 commercial buildings.

Therefore, the defendant, on July 2, 2013, tried to execute the seizure of corporeal movables on July 2, 2013 by entering the above 428 commercial buildings, but the possessor was not able to implement the execution by changing it into G.

Accordingly, the defendant has harmed the creditor by falsely transferring the property for the purpose of evading compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to judgment, execution clause, impossible protocol of seizure execution of each corporeal movable property, copy of business registration certificate, copy of a real estate lease contract, certificate of closure, source of certification of seizure

1. Relevant Articles of the Criminal Act concerning the crime. Article 327 (Selection of Imprisonment or Imprisonment);

1. Although Article 62(1) of the Criminal Act provides that the act of evading compulsory execution by the defendant on the grounds of sentencing of Article 62(1) of the Criminal Act causes unexpected damages to the creditor and the resulting damages are not yet recovered, the nature of the crime shall not be less than that of the defendant.