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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 30, 2015, the Defendant received KRW 35 million from B as the acquisition fund of “D” carpet, which is located in B, and received from B, while accepting and operating the said carpet, the Defendant was demanded from B to repay the said KRW 35 million. On July 14, 2017, the lower judgment against the Defendant was finalized on December 23, 2017, and on March 14, 2018, the Defendant was at risk of compulsory execution from B, such as seeking compulsory execution upon obtaining a seizure and collection order of the claim for the refund of the lease deposit of apartment housing residing in B.

Accordingly, on January 3, 2018, the Defendant transferred the above car page to E, and received 20 million won from F, a building lessee, refund of the lease deposit for Ka P, using this funds and borrowed money, etc. on February 3, 2018, the Defendant paid the lease deposit of KRW 20 million to G from March 29, 2018 to May 7, 2018, paid KRW 40 million to G, and acquired “I” points on the first floor of the Hacheon-si H building from G. On May 7, 2018, the Defendant entered into a lease contract with the said main points in the name of J, the lessor and the Defendant, and entered into a business registration with respect to the said main points on May 23, 2018, and made it clear to establish the lease deposit for the credit card lease, the sales of corporeal movables, and the ownership of the premium, etc.

Accordingly, in order to escape compulsory execution, the defendant concealed property on the above main points, and harmed B as a creditor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of the judgment, letter of execution clause, seizure and collection order;

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to three years;

2. The scope of the recommended punishment according to the sentencing criteria (a decision of a type) and obstruction of another’s exercise of one’s rights.