A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 6, 2016, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Busan District Court, which was sentenced to a suspended sentence of two years, and on October 14, 2016, the above judgment became final and conclusive on October 6, 2017. On February 6, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for larceny, and the above judgment became final and conclusive on the 14th of the same month.

Criminal facts

On April 18, 2013, the Defendant was liable for a debt amounting to approximately KRW 600 million. As of the end of 2013, the credit rating of KRW 10 million decreased to KRW 10,000,000. On October 2013, H borrowed KRW 100,000 from KRW 100,000. However, H applied for compulsory auction of three-story U.S. owned by the Defendant. On March 18, 2014, H applied for compulsory auction of the three-story housing owned by the Defendant. On March 18, 2014, the Defendant was issued a decision to commence compulsory auction (V) with the Busan District Court’s Dong Branch Branch, and around March 19, 2014, D borrowed KRW 30,000,000 from KRW 4 to KRW 500,000,000 and did not have to pay the principal.

The Defendant, while operating a mobile phone sales agency with the name of "X" located in Busan-gu, Busan-gu, reported the closure of X for the purpose of evading compulsory execution against the above management fees and other claims, while receiving the fee for the mobile phone sales management of the amount equivalent to KRW 15 million from the headquarters to the account under the name of the Defendant. On March 12, 2014, after completing registration for the establishment of NN corporation with the Defendant’s mother-childO as the representative director of the said corporation, the Defendant filed an application for change of the agency code to Y head office from April 11, 2014, while maintaining the name of the proprietor as it was, from around April 2014, to receive fees for the mobile phone sales management under the name of the said corporation.

Accordingly, in order to escape compulsory execution, the Defendant concealed the property by changing the name of the business operator, thereby damaging the victim H and D, the creditor.

(i) the evidence;