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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 2004, the Defendant was liable for the Defendant to pay the amount of KRW 88,122,980 and delayed damages, etc. to the Defendant upon the judgment of the lower court against the Defendant in a lawsuit claiming the payment of the amount of goods, etc. brought by the Victim E ( Busan District Court Decision 2004 Ghana 38132).

On November 3, 2006, the Defendant completed the registration of transfer of ownership in KRW 180,000,000 with respect to F forest No. 1306,000,000 with respect to forest land in Busan-do, Busan-gu, Busan-do, and completed the registration of transfer of ownership on January 8, 2007, and without any cause, filed a provisional registration of transfer of ownership in G name, which is the seat of the Defendant’s wife, without any grounds for registration.

On September 5, 2012, the Defendant: (a) filed a lawsuit for cancellation of the foregoing G name, etc. (Seoul District Court Decision 2012Gadan74911 Decided September 5, 2012) in order to execute the said claim; (b) the compulsory execution on the said real estate was anticipated; (c) decided to be exempted from compulsory execution by means of completing ownership transfer registration in the name of G; and (d) on December 5, 2012, registered ownership transfer in G name with respect to the said real estate.

Accordingly, the defendant has harmed the creditor by falsely transferring the property for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police;

1. Each complaint;

1. Application of Acts and subordinate statutes to certified copies of registers (three times a year);

1. Relevant laws and the choice of punishment for the crime. Article 327 (Selection of Punishment of Imprisonment)

1. Although there are a number of criminal records, including the past record of sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence, the victim does not want the punishment of the defendant under the agreement between the defendant and the defendant, and the defendant appears to recognize and reflect the fact of the crime. In addition, the records and arguments of this case are shown in the motive and background of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc.