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Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.
Reasons
1. On February 19, 2013, the Defendants conspired to evade compulsory execution by way of creating a mortgage on the following: (a) the order for payment of KRW 161,476,960, and interest at an interest rate of KRW 20% per annum against Defendant A, a debtor, at the Changwon District Court on February 19, 2013: (b) on May 22, 2013, Defendant A received transfer of KRW 70 million from Defendant B as the purchase-price; (c) thereby, Defendant A conspired to evade compulsory execution by creating a mortgage on the following grounds: (a) the details that Defendant A received transfer of KRW 70,000 from Defendant B as the purchase-price; (d) Defendant A had a false obligation of KRW 70 million; and (e) Defendant A
Accordingly, on December 9, 2013, the Defendants prepared a loan certificate stating that Defendant A bears a false obligation of KRW 70 million at the office of certified judicial scrivener F in Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, and based on this, set up a mortgage on the amount of KRW 70 million in the name of Defendant A as to Defendant A, Changwon-si G and 203 in the name of Defendant B.
As a result, the Defendants conspired to evade compulsory execution by bearing false debt in order to escape from compulsory execution.
2. Determination
A. The Defendants asserted, in detail, that “the creation of the above mortgage against Defendant A is not based on false debt but based on genuine debt with the intention to escape compulsory execution,” from the investigative agency to the court, the Defendants asserted as follows.
"Defendant A was the construction executor of H commercial building in Kimhae-si, and the fund required in the process of carrying out the above construction, and borrowed approximately KRW 150 million from Defendant B from March 27, 2008 to May 19, 2009.
Since then, around June 29, 2009, Defendant A entered into a sales contract with Defendant B to sell KRW 250 million with respect to the above H H 104 commercial building at KRW 104,000,000,000,000,000,000,000 won.