Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On September 20, 2016, the Defendant was served as a public official and received a retirement pension for at least 20 years, and was served with the Changwon District Court on September 20, 2016, to submit a list of property specifying the status of the property on the date of property name.

However, even though the defendant received the retirement pension, he submitted a list of assets with no property.

As above, the Defendant did not state his pension receipt and submitted a false list of property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Response to inquiries about facts;

1. Application of Acts and subordinate statutes to a copy of judgment, copy of execution clause, copy of written decision, copy of date for specification of property, copy of list of property, and copy of retirement pension certificate;

1. Relevant legal provisions concerning criminal facts, Article 68(9) of the Civil Execution Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Pursuant to Article 32 of the Pension for Public Officials Act, the retirement pension of this case falls under the claims prohibited from seizure and does not fall under the objects of property specification under Civil Execution Act.

2. According to Articles 64(2) and 64(3) of the Civil Execution Act, “The property subject to compulsory execution on the date specified for property specification and the following matters shall be submitted, and the matters and scope to be stated in the property list shall be prescribed by the rules of the Supreme Court.” Accordingly, Article 28(2) of the Civil Execution Rule provides for “property to be stated in the property list pursuant to paragraphs (2) and (3) of the Civil Execution Act” and provides for “compensations, support allowances, and other revenues to be received on a regular basis, regardless of whether the property falls under prohibited claims under subparagraph 9.”

Meanwhile, the proviso of Article 28(2) of the Civil Execution Rule is Article 246 of the Civil Execution Act.