A defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed against the defendant for a period of two years from the date of the final judgment.

Punishment of the crime

The defendant is the representative director of C corporation.

On February 9, 2011, the Seoul Central District Court decided the seizure and collection order of the claims against C against the third party debt of the debtor E requested by the creditor D, and notified C of this decision to the third party debt company around February 15, 201.

On November 25, 2010, the Defendant, who was appointed as a director on July 15, 201, recommended the payment of wages to E by pretending that E’s her son F was working for the purpose of escaping from compulsory execution after he/she was appointed as the representative director on July 15, 201.

From December 2, 2012 to June 2014, the Defendant registered E’s son F as an employee of the above company in order to pay wages to E at the C office located in Youngwon-gu G in Gyeonggiwon-gu, and paid the F’s personal passbook amounting to KRW 78,90,000 as wages.

Accordingly, the defendant, in order to escape compulsory execution, concealed property and shared false debt, thereby damaging the creditor.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Documents describing the collection decision of seizure and collection of claims, full certificate of the matters registered with the corporation, and copy of judgment violating the Debtor Rehabilitation and Bankruptcy Act; and

1. A written confirmation, confirmation of the acquisition and loss of health insurance qualification, response to the order to submit a copy of the passbook, and copy of the passbook [the defendant was registered as the representative director of a company C, but this is merely formal, and substantial operation of the above company was mixed, and the defendant did not participate in the evasion of compulsory execution of this case. However, in full view of each of the evidence in the judgment, the defendant knew that the complainant was aware of the seizure and collection of E’s benefits, and requested payment through the passbook F’s passbook, which reported E’s employees to the employees of the above company under the name of E, and received the benefit as stated in the facts of crime.