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 becomes final and conclusive.

Punishment of the crime

On July 13, 2016, the Defendant, at the notary public C Office located in Seo-gu, Daejeon, Daejeon, had C, a notary public, as the Defendant, set up a notarized deed on the creditor D, stating that “In respect of the total amount of KRW 40 million of facility investment principal and KRW 60 million of facility premium, KRW 100 million, KRW 50 million each month until August 15, 2020, the Defendant agreed to pay 50 million each month for each 50 million until August 15, 2020, and in the event that a pecuniary obligation under this contract is not performed, the Defendant immediately recognized that there is no objection thereto even if compulsory execution is performed.”

After that, on January 16, 2018, the Defendant failed to repay the remaining debts of 61,00,000 won even after the due date arrives, and D, the creditor, at the Daejeon District Court around April 13, 2018, the Defendant, who is the debtor, was ordered by the Defendant under the credit card merchant agreement of Daejeon District Court, to attach and order the claims of KRW 76,052,52,520 out of the deposit and credit card settlement amount of KRW 76,052,520 in accordance with the credit card merchant agreement, was put in a situation where the Defendant’s property is subject to compulsory execution. As such, the Defendant was willing to conceal the credit card sales amount of the restaurant operated by the Defendant and avoid compulsory execution.

On August 1, 2018, the Defendant established I Co., Ltd. under H’s name and changed the account for payment of credit card sales to the account in the name of I Co., Ltd., thereby having each credit card company pay credit card sales to the Defendant, thereby concealing the claim.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging D as a creditor.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Notice of transfer of claims for lease deposit and application of Acts and subordinate statutes to report on investigation (Attachment to documents submitted by a suspect);

1. Article 327 of the Criminal Act and Article 327 of the same Act concerning the applicable criminal facts and the choice of punishment;