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Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A is a director of F Co., Ltd., and Defendant B is the wife of Defendant A.
F Co., Ltd. entered into a contract for the development of Internet shopping mall programs with G Co., Ltd. on January 3, 2014, and paid KRW 95,700,000 as down payment from G Co., Ltd. on February 28, 2014, but the contract was terminated thereafter, and on June 3, 2014, the Seoul Western District Court Decision 2014Da123165 decided Jan. 23, 201 to file a lawsuit for the return of unjust profits.
Accordingly, in order to avoid compulsory execution, the Defendants established a corporation H, Inc., and established H on July 10, 2015, by changing the name of the contract with the companies that concluded the service contract to H, thereby concealing the service payment claim.
The Defendants: (a) at the office of a corporation I located in French on August 17, 2015, via F’s nameless employees, the Defendants: (b) concluded on May 18, 2015 with F Co., Ltd. F Co., Ltd. I to build I’s shopping mall; and (c) KRW 50,400,000 as the down payment out of the service payment of KRW 168,00,000,000.
6. 23. 23. The intermediate payment of KRW 67,200,00 on April 23, 2015, concluded on April 30, 2015 with the JJ to change the contractor under the I shopping mall construction contract from F to H, with the effect that the contractor shall pay KRW 50,400,000 to F, the 23th day of the following month following the date on which the project is completed, and the contractor under the I shopping mall construction contract was changed from F to H, and the Co., Ltd.’s J office located in F, Ltd. entered into on September 7, 2015 with the H, “F, acting as the agent for the operation of JM goods, and paid KRW 4 million to F, a corporation at the end of each month.”
Accordingly, the Defendants conspired to conceal property for the purpose of avoiding compulsory execution.
2. The crime of evading compulsory execution stipulated in Article 327 of the Criminal Code, which is subject to the judgment.