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Defendant
A shall be punished by imprisonment for six months, and imprisonment for one year, respectively.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 550] Defendant B paid KRW 30 million to E in the Daejeon District Court Seosan Branch on March 10, 2011, Defendant B adjusted to pay KRW 15 million up to March 10, 2012, and the remainder KRW 15 million up to March 10, 2013, respectively, and adjusted to pay damages for delay calculated at the rate of 20% per annum for the remainder of the money if the payment is delayed.
In addition, on April 10, 2009, Defendant B prepared a notarial deed to pay the remainder of the money in addition to the damages for delay calculated at the rate of 20% per annum, for five months from November 1, 2009 to March 2010, by adding the damages for delay calculated at the rate of 20% per annum.
However, Defendant B did not repay the above debt to E and F. On June 21, 2012, E delegated the execution of the seizure of corporeal movables within the “H” business establishment operated by Defendant B, Chungcheongnam-gun, the basis of the above conciliation, but did not execute the seizure on the ground that the possessor was different. On February 19, 2013, the execution of seizure was not carried out on the ground of the foregoing reasons; on March 7, 2013, the seizure of some corporeal movables, such as air conditioners, air conditioners, and air conditioners, etc.; and on April 19, 2013, E raised an objection to the execution of corporeal movables and attached movables within the above “H” factory building.
On the other hand, on March 7, 2013, F delegated the execution of the seizure of corporeal movables within the said “H” business establishment on the basis of the said notarial deed, but only the seizure of some corporeal movables, such as air conditioners and air conditioners, was conducted. On April 25, 2013, the said corporeal movables was additionally seized.
Defendant
B As above, it was impossible for the obligees E and F to repay their obligations, and the obligees’ above H’ business establishments run by them are subject to compulsory execution.