A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a person operating a restaurant of “D” in “D” in “Public City”, was liable for loans equivalent to KRW 53,048,010 to E.

On December 16, 2010, the above E, as the debtor, the defendant, the business operator of the above "D," and as the credit card company, Samsung Card Co., Ltd., Samsung Card Co., Ltd., Ltd., non-S., Hyundai Card Co., Ltd., Hyundai Card Co., Ltd., Ltd., Hyundai Card Co., Ltd., Ltd., as the third debtor, the debtor was issued a seizure and collection order from the public order branch of the Daejeon District Court regarding the debtor's right to claim for the merchant sales price against the third debtor.

The Defendant, according to the above collection order, was unable to receive the credit card sales price of the above "D," thereby making it difficult to normally operate the "D," and the Defendant conspired to change the name of the above restaurant operator to F in order for F to deposit the F and F to the account in the name of F. On December 31, 2010, the Defendant changed the name of the business operator of the above "D from the Defendant to F, his father, thereby allowing F to pay the credit card sales price from the Defendant to F.

Accordingly, the defendant, in collusion with F, concealed the credit card sales money owned by the defendant for the purpose of evading compulsory execution, thereby doing so, E as the creditor.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes regarding a payment order, seizure and collection order, and reply to the submission order;

1. Article 327 of the Criminal Act applicable to the crimes and Article 327 of the Election of Imprisonment;

1. It appears that there is no particular punishment force except once a fine under Article 62(1) of the Criminal Act, and that in light of the amount of credit card sales prior to the change of the name of the business operator, the total amount of the card sales evaded by the defendant would not be much significant, and it is deemed to be the execution of a collection order and the auction of corporeal movables.