A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

To the extent that it does not disadvantage the defendant's right of defense, some expressions in the facts charged are recognized through evidence duly adopted and examined by this court.

On March 25, 2010, the Defendant: (a) established and operated an enterprise “G” in the same workplace as “F” in the operation of the E, which is located in Young-gu, Young-gu, Gyeonggi-gu; and (b) changed the name from “G” to “H” around July 2010 while the Defendant received and operated materials, equipment, employees, etc. of “F” from the above E as they were, around April 2010.

Meanwhile, on the other hand, the “F” that the Defendant succeeded to human and physical facilities was liable for the total amount of KRW 267,556,931,00 for goods to the Sung Metal Co., Ltd., and the Sung Metal Co., Ltd. filed a lawsuit against the Defendant on December 13, 2010 to pay KRW 267,556,931 and damages for delay on the ground of the said transfer of business.

The Defendant had established a separate company to transfer the construction materials, etc. of the “H”, and had a mind to evade compulsory execution by handing over some clients, workers, etc.

After establishing “H” on November 3, 201, when the aforementioned trial was in progress, the Defendant registered the Defendant as an internal director. On the other hand, the Defendant transferred construction materials, etc. of “H” to “H” and transferred some business partners, workers, etc. to “H” at the same time.

The Defendant made it unclear the ownership relationship of construction materials, etc. loaded on the H site in the above manner, and transferred the expectation right that H may continuously receive the price of goods from the customer, thereby preventing the Sung Metal Co., Ltd. from enforcing compulsory execution against the Defendant.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution.

Summary of Evidence

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