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 becomes final and conclusive.

Punishment of the crime

The Defendant is a co-operator of G G, Inc., which is the Kitdo Private Teaching Institute, and H and I, a creditor who has a claim equivalent to KRW 60,000,000, each of the above companies, requested the above companies to order the seizure and collection of the claim on July 26, 2012, and received the ruling of acceptance on August 10, 2012. On August 16, 2012, the original copy of the ruling of the seizure and collection of the above claim reached the new bank, which is the garnishee, the debtor, and reached the above company, which is the debtor, on September 12, 2012. On July 25, 2012, the Defendant was in arrears with wages of KRW 7,229,740,00, and was likely to be subject to compulsory execution due to filing a petition with the labor office.

Therefore, around October 5, 2012, the Defendant changed the business registration regarding corporeal movables in the name of the Defendant and G, which are likely to be subject to compulsory execution as above, and the above corporeal movables in the name of the Defendant and the representative director of L, and the above corporeal movables in the name of G, a corporation with the representative director, to the Defendant’s personal business operator.

In order to escape compulsory execution, the Defendant concealed the property of the said driving school in the same way, thereby damaging the obligee.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and M;

1. Examination protocol of the accused by prosecution;

1. Statement to the Prosecutor's Office;

1. Statement of the police concerning L;

1. Business registration certificate, lease contract, certificate of closure of business, certificate of fact of judgment, certified copy of court decision, full certificate of registered matters concerning corporate registration, seizure of claims, collection order, record CD;

1. Application of Acts and subordinate statutes of an investigation report (Attachment of a written confirmation) and an investigation report;

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s defense counsel under Article 62-2 of the Social Service Order Criminal Act applied for compulsory execution by the victim J on March 10, 2014, and its title was also established around December 6, 2013. Therefore, the Defendant’s compulsory execution is enforced around October 5, 2012 when the name of the business operator was changed.