A defendant shall be punished by imprisonment for 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

From August 25, 2005, the Defendant operated the “E cafeteria” in the name of the wife D and joint in the second floor of the C building in Pakistan-si.

On the other hand, on July 16, 2007, the victim F leased and resided in the G Building 805 Dong 301, 75 million won from D on July 16, 2007. However, the voluntary auction procedure for the said apartment was commenced thereafter. On February 26, 2010, the victim received dividends of KRW 20,597,106 out of the deposit amount and did not receive dividends of KRW 54,402,894.

Accordingly, the victim requested a lawyer to do so from December 2, 2010 to January 201, the victim urged the defendant to make a several calls from around December 201 to the defendant, and expressed his/her intent to take legal measures if the agreement is not reached.

Therefore, it was anticipated that the victim would make compulsory execution by filing a provisional attachment application against D who is the nominal owner of the lease contract and a claim for refund of the lease deposit.

(1) On April 25, 201, the injured party filed an application for provisional seizure of claims against each credit card company, which D is held in the course of operating the above restaurant, for provisional seizure of claims against D. The provisional seizure of claims against D, including interest on the above security deposit, was rendered on April 25, 201, and thereafter, D filed a lawsuit claiming the return of lease deposit against D, and received a favorable judgment on September 9, 201. On April 8, 2011, the injured party decided to avoid compulsory execution by concealing credit card sales proceeds of the above restaurant and avoiding compulsory execution. On April 8, 2011, the injured party filed a separate application for the aforementioned provisional seizure from the business operator's name in the name of D to the sole name of Defendant, and on July 20, 2011, it is likely that the above provisional seizure would continuously affect credit card sales claims of the above restaurant (hereinafter referred to as "E restaurant").