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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant owned land and buildings located in Cheongju-si, U.S. D (hereinafter “instant real estate”) jointly with E, and registered only in the name of E.
Meanwhile, from June 22, 2006 to September 15, 2009, E promised to be responsible for the instant company’s obligations arising during the period of his/her service as a representative director of F Co., Ltd. (hereinafter “instant company”).
However, after E retired from the company of this case, the creditors of the company of this case provisionally seized 90,750,000 won in total as to the subscription amount for the company's construction mutual aid association of this case. The company of this case was released from provisional attachment by paying 61,15,000 won to the creditors.
Since then, the instant company urged E to pay the above amount, but E did not pay it on November 15, 201, the instant real estate was provisionally seized as KRW 90,750,000 on or around December 20, 2010, and filed a lawsuit seeking damages against Cheongju District Court E around December 20, 2010, and between E and E around March 10, 2011, “E shall pay 61 million won to G corporation by April 30, 201, and if the date of the payment is not paid by the date of the payment, it was established a judicial compromise with the purport that “E shall pay damages calculated at the rate of 20% per annum from the date following the date of the payment to the date of the full payment.”
The victim H was working as the representative director of the instant company from October 31, 2005 to June 22, 2006. On November 30, 2010, the victim H promised not to release the said provisional seizure from the instant company until the company and the victim received repayment from E. In fact, the instant company promised not to release the said provisional seizure.