A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From August 15, 2010 to July 31, 2016, the Defendant was suspected to have embezzled the amount of clothes sales and the amount of company funds deposited in the corporate account from the victim’s company to the victim’s company’s company director on August 15, 2010 to July 31, 2016 at the store of “F” located in Seo-gu Seoul Special Metropolitan City D (State) E, which was operated by the victim C, as a person who has overall control over the business of selling goods, such as clothing, etc., and the accounting and fund management, etc., of the sales of goods in the store at that location. The Defendant was suspected of having embezzled the amount of clothes sales and the amount of company funds deposited in the corporate account from the victim during the above service period. The Defendant dismissed the Defendant registered as the inside director of the above (State) E on July 15, 201

Therefore, even though the Defendant did not borrow KRW 100 million from Dong G, the Defendant had the Daejeon District Court registered the Seo-dong District Court located in Daejeon on July 22, 2016, with a view to having the Defendant registered the establishment of the right to collateral security (hereinafter referred to as “right to collateral security”) with respect to the apartment owned by the Defendant, and had the nameless certified judicial scrivener registered the establishment of the right to collateral security (hereinafter referred to as “the maximum amount of the claim amount of KRW 100 million”) with respect to H apartment 202 Dong-dong 402, the Daejeon District Court owned by the Defendant.

As a result, the defendant shared a false debt with the aim of evading compulsory execution, thereby damaging the victim who is the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Written public prosecutorial statements;

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

1. Investigation report (to hear statements from a witness G phone);

1. Complaint;

1. Fact-finding certificates and preparation documents;

1. Submission of reference materials- Recordings, and account details;

1. A certified copy of the corporate registry, a certified copy of the building registry, a copy of the bank passbook, and a Kax;

1. Application of statutes, such as a certified copy of register and an application for registration of establishment of mortgage;

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

1. Suspension of execution;