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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
, however, from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 18, 201, the Defendants filed a civil suit against Defendant B, as Seoul Northern District Court Decision 2011Gadan 40981 (2011, 11034, a sum of 130,072,100 won after the Defendants transferred to the Plaintiff) against Defendant B. The Defendants conspired to gain pecuniary profits by evading the Defendants’ loans, etc. on the grounds that the Defendants did not lend KRW 130,072,10 to the victim, despite the absence of false assertion and verification that the Defendants leased KRW 130,072,10 to the victim.
Defendant
B, on October 27, 2011, filed a counterclaim against the victim with the same court 53048 [2011 after transfer to the agreement], and the Defendants lent 130,072,100 won to the victim. Defendant A testified to the effect that the Defendants appeared as witnesses in the above lawsuit and lent 130,072,10 won to the applicant.
Accordingly, at the first instance court of the instant case on October 11, 2012, Defendants were sentenced to the full dismissal of the Plaintiff’s claim on the principal lawsuit and the partial winning judgment on Defendant B’s counterclaim claim.
However, on August 21, 2014, the Defendants rendered partial winning of the Plaintiff’s claim on the principal lawsuit, and sentenced Defendant B to the lower judgment against all of the aforementioned loan out of Defendant B’s counterclaims (Seoul High Court Decision 2012Na 93901, 93918 (Counterclaim)), and the appeal was dismissed on November 21, 2014 and the judgment of the said appellate court became final and conclusive, thereby having failed to perform its intent.
2. From around September 6, 2012, around 15:30 on September 6, 2012, Defendant A appeared as a witness of the Seoul Northern District Court case No. 604, 201 Gohap 11034, 11041 (Counterclaim).
Defendant
A. Defendant B’s agent “The Plaintiff’s husband and wife (the Defendants) started to operate G is less than KRW 50-10 million from January 2004 to June 2008.