Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

Punishment of the crime

Defendant

A is the representative director of G Co., Ltd. located in F at the time of harmony, and Defendant B is the president of the G Co., Ltd. who actually operates the said company.

On May 25, 2011, the Defendants entered into a contract with the KMD Construction Co., Ltd. (hereinafter “Co., Ltd.”) for the new construction of the H Industry Corporation, and completed the construction on or around December of the same year, and caused serious business difficulties due to the failure to receive approximately KRW 300 million of the construction cost. Since I and J, a subcontractor of G, applied for provisional attachment against G’s claim for the construction payment of G’s KMD construction, the Defendants were urged to bear the Defendant’s false debt.

From March 7, 2012, the Defendants prepared a notarial deed of a false promissory note with the purport that G bears the obligation of KRW 181,000,000 to Defendant B at the M judicial scrivener office located in Gyeyang-gu Incheon Gyeyang-gu, and received the order of seizure and assignment of the claim for the construction price of the said claim as the Suwon District Court 2012TT5976 around the 20th of the same month.

As a result, the Defendants conspired in collusion, thereby doing so by having the creditors bear false debts against the Defendant B for the purpose of evading the victim’s compulsory execution.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness N;

1. Standard subcontract for electrical construction, and each written notification;

1. Notarial deeds of promissory notes;

1. Court inquiry reports, seizure of claims and orders for an entire order;

1. Statement of payment and statement of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach evidentiary materials, such as a written Dismissal, to confirm a payment memorandum, and to attach IMD construction materials);

1. Defendants of the pertinent Article of the Criminal Act and the choice of punishment: Articles 327 and 30 of the Criminal Act; Defendant B and the defense counsel’s assertion on the punishment of imprisonment with labor; and Defendant B are subject to compulsory execution at the time of the preparation of a promissory note notarial deed.