A defendant shall be punished by imprisonment for six months.

except that 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 person in a legal marital relationship from around October 5, 1989, both C and C.

On July 18, 2012, the Defendant applied for the right to claim division of property arising from divorce as the right to be preserved by the said C, which is likely to be subject to compulsory execution against the property owned by the Defendant from Suwon District Court Decision 2012 business group244, decided to prohibit provisional disposal of real estate, etc. on August 7, 2012, for the purpose of evading this, the Defendant made a registration of establishment of a mortgage at Suwon District Court’s registry through the said E-certified judicial scrivener office, located in the DD building 301, Sipo-si on August 7, 2012, on the part of the Defendant as to “F and G site with a personal population H,” who is the Defendant as the obligor, regardless of the obligation to borrow money from the F and G, the said F as the obligee, and completed the registration of establishment of a mortgage at each of the above E-certified judicial scriveners, which caused the maximum debt amount to be 200 million won to the obligee.

Accordingly, the defendant shared false debt, thereby harming C as a creditor.

Summary of Evidence

1. The Defendant’s partial statement at the court below acknowledged that the Defendant did not have any obligation to borrow money and thus constitutes false credit. However, the Defendant asserted that C had no intention on the ground that C had committed the instant case under the circumstances where C applied for a provisional injunction on real estate disposition

However, in full view of the evidence of the above conviction, it can be known that there were several stories about divorce from spring in 2012, and around July 9, 2012, C told the Defendant to take a provisional disposition, and ultimately, the Defendant had the intention to evade compulsory execution.

1. Statement of examination of witness in relation to C of this court;

1. A protocol concerning the examination of each police suspect against F and G;

1. Application of Acts and subordinate statutes to a complaint (including a certified copy, etc. of the attached register), a criminal investigation report (including a document attached thereto, a decision attached thereto, etc.);

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

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