Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

From around 2010 to December 2, 2018, the Defendant is a person who operates a mutually cafeteria, “C’s middle-class store,” from 1st century to 2018.

around August 2010, the victim D filed a lawsuit for the return of loan against the defendant in the Suwon District Court in 2009 and received a judgment from the above court that "the defendant would pay the victim KRW 12 million and its delay damages." The above judgment became final and conclusive around March 201 through the appellate court.

Since then, on February 20, 2018, the victim applied for a seizure and collection order against the defendant's property by using the above final judgment as executive title to the Sungwon District Court's Sungnam branch, and received a seizure and collection order against the defendant's property claims such as the defendant's E bank.

The Defendant, around that time, was unable to withdraw the credit card sales amount of the above restaurant deposited in the E bank account under the name of the Defendant according to the above seizure and collection order, and the Defendant was willing to change the name of the business operator of the above restaurant to a third party and change the account in which the credit card sales amount of the above restaurant is deposited to the account in the name of the third party in order to avoid the victim’s compulsory execution while continuing to operate the above restaurant.

Accordingly, on February 2, 2018, the Defendant changed the name of the business operator of the above restaurant in the name of F, who is a sales agent, entered into a contract to use the credit card terminal in the name of F, registered the deposit account of the credit card sales in the name of F, and continued to operate the above restaurant from around that time until December 2018.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the creditor.

Summary of Evidence

1. The defendant's statement at the court (the second court date) is the statement of the police as to F of each police suspect interrogation protocol.