Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

Defendant

A is a person who operates a restaurant under the trade name of “F” in Thai City E, and Defendant B is a person who works from the above “F” as an employee.

Defendant

A, as the amount borrowed from the victim G was not repaid in around 1996, on February 13, 2014 at the victim’s request, “Defendant A paid KRW 50,300,000 to the victim and interest thereon” was issued and the payment order became final and conclusive on March 4, 2014. On September 12, 2015, the victim attached the F F’s card sales claim, deposit claim, etc. on the basis of the payment order finalized, the said F’s business registration name was changed to Defendant B, the false lease agreement, and the false corporeal movables sales contract was prepared to evade compulsory execution from the victim.

On September 25, 2015, the Defendants: (a) drafted a false lease agreement to lease the said “F” from the said “F” to Defendant B; (b) drafted a false sales agreement to sell all the facilities and fixtures inside the “F” to Defendant B on September 30, 2015; and (c) changed the name of the “F” in the name of the Defendant B on October 1, 2015.

As a result, the Defendants conspired to commit a false transfer of property to the obligee for the purpose of avoiding compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes concerning response data of the National Health Insurance Corporation, such as an order for payment, seizure and collection, certificate of closure, copy of business registration certificate, sales contract, CCTV photograph, and official document;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 327 and 30 of the Criminal Act; the choice of imprisonment

B. Defendant B: Articles 327 and 30 of the Criminal Act; Selection of fines

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.