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 two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On July 21, 2016, the Defendant was sentenced to six months of imprisonment, two years of suspended execution, and 120 hours of community service order at the Incheon District Court on July 21, 2016, and the judgment became final and conclusive on July 29, 2016.

【Criminal Facts】

Around 2002, the Defendant got a divorce on the condition that property formed in the process of maintaining marital life was divided by 1/2 in around 2007, while the Defendant married with the victim D and maintained a marital life. Accordingly, the Defendant loaned the victim’s property as security and divided 1/2 by 1/2. However, on November 1, 2012, the Defendant was subject to civil litigation (the Incheon District Court 201No1881) from the victim on November 1, 2012, and it could be sufficiently anticipated that the Defendant will be forced to execute its assets, such as corporeal movables, in the place of business operated by the Defendant according to the sentence.

As above, the Defendant requested that a pro-friendly E, who is likely to be subject to compulsory execution, lend the business name, and E consented thereto on November 29, 2012, changed the “G” operated by the Defendant located in the Seo-gu Incheon, to H, and had the business operator registered in the name of “E” while registering the “G” operated by the Defendant located in the Seo-gu Incheon in the name of “H”, thereby making it unclear the ownership relationship of corporeal movables, such as presses, within the business place of “G”.

Accordingly, the defendant concealed property in collusion with E for the purpose of evading compulsory execution.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Examination protocol of suspect E by the prosecution;

1. Statement made to D by the police;

1. Court rulings (2012Gahap1881), execution clause, report of impossibility of additional seizure (creditor D), copy of business registration certificate (E), three copies of business registration certificate, certified copy of real estate register;

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and investigation reports (reports related to confirmation of separate cases A by a suspect) Acts and subordinate statutes;

1. Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;