A defendant shall be punished by imprisonment for one year.

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

The Defendant borrowed money from the victim C for the purpose of purchasing real estate from around March 2004 to March 2005. On January 20, 2006, the victim filed an application against the Defendant for provisional disposition prohibiting disposal of real estate with respect to the real estate owned by the Defendant, and on January 20, 2006, the Busan District Court rendered a provisional disposition prohibiting disposal of the Defendant’s co-ownership 39,686m2 of the Defendant’s land No. 16,142-Gu No. 16 (hereinafter “A”) and 39,686m2 of the Defendant’s co-ownership 39,686m2 of the Busan District Court No. 39,629 (hereinafter “Am28”) with respect to the Defendant’s land owned by the Defendant, and the Defendant was partly subject to provisional disposition with respect to the Plaintiff’s co-ownership 100-Gu No. 1801, Dec. 12, 2007.

After the judgment of the court of first instance, the Defendant, with knowledge that there is a concern about the possibility of compulsory execution on the real estate owned by himself, planned to evade compulsory execution by establishing a false collateral security on the real estate owned by himself.

On January 4, 2008, the Defendant filed a false maximum debt amount of KRW 200,000,000 with respect to the land No. 16, owned by the Defendant, which is likely to be subject to compulsory execution, and as to the land No. 18, the above land No. 18, the Defendant filed a false maximum debt amount of KRW 200,000,000 with the Busan District Court, and completed the registration of creation of collateral security on the same day.

Accordingly, the defendant was exempted from compulsory execution of the victim C by means of bearing false debt.

Summary of Evidence

1. Witnesses C and E in the second trial records;