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[Defendant A] Defendant A is punished by imprisonment with prison labor for a year and six months.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On September 9, 201, Defendant A was subject to a lawsuit seeking the return of unjust profits from Gyeyang D, the victim, and the judgment was rendered at the Seoul Northern District Court on January 19, 201, that Defendant A paid KRW 220 million to D. On May 10, 2013, Defendant A was affirmed and the judgment was rendered at the Seoul High Court on the same purport. On May 23, 2013, the victim filed a motion for compulsory auction with the Seoul Northern District Court on the land and its ground (hereinafter “instant real estate”).
Defendant
A, as seen above, in collusion with Defendant B, who was aware of a concern about being subject to compulsory execution against the damaged person in the judgment of the first instance, was aware of the fact that Defendant B had not leased the instant real estate to Defendant B. However, the intention was to evade compulsory execution by viewing that Defendant A leased the entire first floor of the instant real estate to Defendant B, notwithstanding the fact that Defendant A leased the instant real estate.
At the home of Defendant A located in Dongdaemun-gu Seoul Metropolitan Government on February 1, 2012, the Defendants drafted a false lease agreement with the purport that Defendant A leased all the first floor of the instant real estate to Defendant B from September 25, 201 to September 25, 2013, and Defendant B filed a move-in report around February 10, 201, and submitted a request for a report on rights and a demand for distribution in the auction procedure of the instant real estate based on the rental agreement to the Seoul Northern District Court on July 30, 2013.
As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby damaging the obligee as a creditor.
2. Defendant A and Defendant B, as above, conspired with the above, to report their rights in the auction procedure of the instant real estate based on the lease agreement that Defendant B prepared with the Seoul Northern District Court around July 30, 2013.