A defendant shall be punished by imprisonment for four 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

Around August 28, 2015, the Defendant: (a) made a notarial deed under the monetary loan agreement to recognize compulsory execution in relation to the Defendant’s real estate business partner’s monetary loan obligation amounting to KRW 170,000,000,000 which was borne by the Defendant’s real estate business partner in D office at a law firm office; and (b) made a joint and several surety for the said E’s obligation to the said victim; (c) on October 7, 2015, the Defendant received a compulsory decision to commence compulsory auction against the Defendant’s house at the Gyeonggi-gu 101 Dong 1503, Young-gu, Gyeonggi-gu, Gyeonggi-gu, Seoul Special Metropolitan City, and the Defendant continued to seize the Defendant’s national bank, Korea Bank, Han Bank, Young Bank, Young Agricultural Bank, Young National Agricultural Cooperative, and Culture Korea Life Insurance Co., Ltd. on the eightth day of the same month.

On October 12, 2015, the Defendant prepared a false document to the effect that the Defendant transferred the right to collateral security on the land owned by the Defendant to the Y in order to evade compulsory execution against the victim’s right to collateral security on the land owned by the Defendant in Gangnam-gu Seoul, Gangnam-gu, Seoul, with a view to evading compulsory execution. Accordingly, the Defendant submitted a false document to the registry through the said certified judicial scrivener office on October 15, 2015, the right to collateral security on the H land owned by the Defendant to the friendly K. On October 22, 2015, the right to collateral security on the land owned by the Defendant was transferred to the said K on or around October 22, 2015.

Accordingly, the defendant transferred property falsely to the victim in order to escape compulsory execution from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police interrogation protocol of K and E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to all matters registered;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;