A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On November 30, 2016, the Defendant: (a) was an operator of the “D” restaurant located in Ulsan-gu C2; (b) was sentenced to the Seoul Central District Court Decision 2016DaGa 5193572, supra, that “The Defendant is entitled to provisional execution by paying KRW 157,70,000 to the victim C C2 and interest thereon; and (c) the Defendant was issued a seizure and collection order with the title to enforce the said judgment, for compulsory execution against the Defendant’s property. The victim was issued a seizure and collection order with the title to enforce the said judgment as a third party.

As the Defendant was unable to receive credit card sales payment due to the above collection order, making it difficult for the Defendant to normally operate the above “D”, the Defendant changed the name of the business operator of the said “D” at the Ulsan District Tax Office located in Ulsan Nam-gu, Ulsan District, Ulsan District, around February 15, 2017 to E in order to avoid compulsory execution and made it difficult for the Defendant to pay credit card sales to the account of the wife.

Accordingly, the defendant concealed the defendant's property for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as a complaint (including attached data) and business registration certificate;

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order and the observation of protection and the reason for the sentencing [the type of decision] [the decision of the area of recommendation] basic area / [the scope of recommendation] six months to one year / [whether suspended execution is suspended or not] - there are no criminal records of the suspension of execution or more: there are no criminal records of the suspension of execution or more positive factors (the decision of sentence] out of the amount of execution claim amount already executed, the victim was unable to obtain the satisfaction of approximately KRW 86 million of the remaining amount of claim due to the crime in this case, and the defendant's severe punishment is sought.