A defendant shall be punished by imprisonment for not more than ten 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 December 18, 2007, the Defendant was sentenced to the Seoul Eastern District Court to pay KRW 160 million and delayed damages to C, and on May 27, 2010, the Defendant was donated the Defendant’s father’s land (hereinafter referred to as “E land”) and owned it on May 27, 2010.

On March 2016, the Defendant: (a) tried to conclude a provisional registration of the right to claim transfer of ownership in the land E in the name of the Defendant’s wife F in order to escape from compulsory execution by sending the content that the above judgment C would enforce compulsory execution of E’s land with the title of enforcement.

On April 7, 2016, the Defendant, along with F, prepared a false loan certificate stating that “50 million won interest on the loan amount shall be 10% per annum, and two years with the repayment deadline, but if it is impossible to repay, the Defendant shall sell the land and housing donated by the Defendant to the said F at a price equal to the market price,” at the Defendant’s house located in Pyeongtaek-si G on April 7, 2016, and the Defendant completed the registration of the right to request the transfer of ownership in the name of F on the ground of the promise to sell and purchase the E land on April 7, 2016.

Accordingly, the defendant, in collusion with F, was exempted from compulsory execution by having the right to demand the transfer of ownership over the cause of the defendant's property and having the right to demand the transfer of ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects by each prosecutor with respect to F;

1. Application of the court ruling, B case search details, a certified copy of real estate registry, and a loan certificate (No. 8 of the evidence list) by March 30, 206 to the law

1. Relevant Article 327 of the Criminal Act, Articles 327 and 30 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order (within the scope of recommended sentence guidelines);

1. The basic area (six months to one year) of the sentencing criteria shall apply [the scope of recommended punishment] that interferes with the exercise of rights;

2. Although the decision of sentence was not yet restored, the defendant committed the instant crime.