Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

(M) On March 16, 2010, G Co., Ltd. (hereinafter “G”) jointly and severally guaranteed the obligation of KRW 1072,2260,00,00 which K Co., Ltd. (hereinafter “K”) borne by the Defendant, and the actual operator of G jointly and severally guaranteed the said obligation by G (hereinafter “instant agreement”). The Defendant applied for a payment order to receive the joint and several liability claim amounting to KRW 10.7 billion against G under the instant agreement, and the Defendant did not apply for a payment order with false bonds to evade compulsory execution against G by J (hereinafter “J”).

The prosecutor (in fact-finding, misunderstanding of legal principles, unreasonable sentencing) or misunderstanding of legal principles and the victim G have separate legal personality. G is a mere victim who has never conspiredd with the defendant, and there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below that has expressed the intention of F and G.

The sentencing (one year of imprisonment and two years of suspended execution) of the lower court on the accused of unfair sentencing is too uneasible.

Judgment

The lower court determined as to the Defendant’s grounds for appeal on the grounds of appeal by comprehensively taking account of the following facts and circumstances acknowledged by evidence, and found the instant agreement as of March 16, 201, which was written retroactively on September 201, not on March 16, 201, stated as the date of its preparation, and found the Defendant guilty of the charges of evading compulsory execution against the Defendant, on the ground that the F, in collusion with the Defendant, was a false agreement in which the amount of the claim is additionally set forth and the date on which the J bears the obligation to refund the deposit amount of KRW 15 billion in G, with a view to preventing the Defendant from receiving the deposit amount of KRW 15 billion from the Seoul Urban Railroad Corporation that

The time of preparation of the instant agreement and its conclusion.