Text
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A on August 31, 2004, on the leased land E (F, G, hereinafter “instant land”) from the victim D and installed containers on the ground, and then operated container leasing business.
Defendant
After the expiration of the lease period on August 31, 2006, the victim who did not deliver the land of this case to the defendant A on December 10, 2007, filed a lawsuit claiming unjust enrichment against the defendant A on the transfer of land, rent, and rent-free loan account (2007da48508) with the Suwon District Court, and won the lawsuit claiming unjust enrichment against the defendant A on December 10, 2007, and seized 33 of the containers owned by the defendant A (hereinafter "the container of this case") and enforced compulsory execution.
Defendant
On April 14, 2010, Defendant B, a partner of A, paid a successful bid price of KRW 35 million to Defendant A’s husband H in the above compulsory execution procedure, but the instant container was successful, but the container was not taken out on the ground that the storage place was not appropriate.
1. The Defendants’ joint criminal conduct (e.g., evasion of compulsory execution) demanded Defendant B to have a container loaded through Defendant A from the date of the successful bid, immediately after the date of the successful bid. On April 21, 2010, the Defendants sent to Defendant B a written notice stating that “If the container was not loaded by April 30, 2010, the Defendants would be expected to claim the payment of royalties, etc. from the next day, and would have changed the container.” Accordingly, the Defendants, along with Defendant B’s wife I, planned to establish a corporation with Defendant B, to evade compulsory execution by transferring the ownership of the container in the form of transfer. Defendant A established J Co., Ltd (hereinafter referred to as “K Co., Ltd. after the change,” and “JJ” as the representative director on April 29, 2010, the fact that the J-container’s payment of the price of the container did not constitute “the Defendant’s payment of the price of the container in the instant case.”