A defendant shall be punished by imprisonment for four 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

The Defendant borrowed KRW 120 million from the victim C on October 30, 2002, KRW 30 million on or around November 1, 2002, KRW 100 million on or around August 5, 2004, KRW 100 million on or around January 27, 2005, KRW 50 million on or around March 23, 2005, and then borrowed KRW 400 million on or around March 23, 2005, around KRW 300 million on or around December 31, 209, the Defendant calculated KRW 100 million on or around the land above the land as KRW 40 million, and calculated the agreement for payment in kind to the victim as KRW 300 million on December 31, 2009.

From around 2010 to 2014, the Defendant laid down 1,181g dust, such as household project trees, etc., totaling KRW 9,190,360,00,00 of the market price, from the land of Gangseo-gu, E, F, G, H, I, J, and K, and 2,944g dust from L, M, and N at the same time, from the market price of KRW 11,915,00,000,000,000,000,000 won.

As a result, the defendant took the object of the right according to the agreement of accord and satisfaction of the victim, thereby hindering the victim's execution according to the agreement.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect by the prosecution (including the statement inC) of some of the accused;

1. Statement of the police statement regarding C;

1. Supplementary statement for complaint;

1. Investigation report (report on hearing statements of witnesses);

1. A criminal investigation report (a counter investigation into theO in which a sales contract of trees is prepared);

1. The text of the final judgment;

1. A contract for the sale and purchase of trees (excluding D and eight parcels), and a contract for the sale and purchase of trees (L and three parcels other than L);

1. Submission of evidential materials and evidence;

1. The report on the result of psychological hearing and inspection;

1. Application of Acts and subordinate statutes to a certificate of the whole registered matters (K, etc.) and a certificate of the F building;

1. Article 323 of the Criminal Act applicable to the crimes and Article 323 of the Election of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. In order to avoid compulsory execution from his creditor, the defendant prepared a false tree sales contract with the victim, and is not a true payment agreement, and thus, the defendant does not have a true payment agreement.