A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 15, 2013, at the Seoul Central District Court located in Seocho-gu, the Defendant appeared at the date specified for the application for specification of property relations in the above Seoul Central District Court No. 2013 Ka, 5081, and prepared and submitted a list of property without entering it in the list of property, despite that there is a total amount of KRW 137 million per share value of KRW 27,400,000 in shares of H (hereinafter “H”) under the name of F and G (the “I” stated in the indictment) and trusted to H (the “H”).

Accordingly, the defendant appeared on the date for specification of property and presented a false list of property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Application of statutes on the list of property, written judgment (2013 A. 14050), written judgment (2014Na 6633), review of application for payment in kind of gift tax, and review of application for payment in kind of gift tax, and account transaction details;

1. Relevant provisions of the Acts concerning facts constituting an offense and Article 68 (9) of the Civil Execution Act concerning the choice of punishment (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant and his defense counsel convicted him of Article 62-2 of the Social Service Order Criminal Act in regard to the omission of a claim of KRW 380 million against E, and the H shares trusted in the name of F and G, shall be claimed as follows:

1. An argument that there is no obligation to enter in the property list;

A. Even if the Defendant entrusted the said shares to F and G, the nominal trust shares came to have the status of the nominal trustee as the owner in an external relationship with the third party (Supreme Court Decision 2015Da248342 Decided March 23, 2017), and the Defendant does not constitute a property subject to compulsory execution in the instant case, which is the debtor, and thus, there is no obligation to enter in the property list.

B. However, Article 64 of the Civil Execution Act provides that the Civil Execution Act and the Civil Execution Act, in order to facilitate the detection of the location of the obligor’s responsible property and the exercise of the obligee’s right of revocation.