Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Basic Facts] Defendant A is a person who actually operated C Co., Ltd. (formerly named D Co., Ltd.; hereinafter referred to as “instant company”) and the victim E is a person who operates a salt farm in the new age.

Defendant

A, on October 16, 2014, concluded a contract with the victim to purchase KRW 150,300,000 of sun-dried salt owned by the victim (hereinafter “the instant sun-dried salt”) under the name of the instant company. The victim transferred 334 tons of the instant sun-dried salt to the instant company around that time according to the said sales contract, but the instant company failed to pay KRW 82,270,000 out of the purchase price to the victim.

Accordingly, the victim stated in the indictment on June 17, 2015 as " May 17, 2015" but is a clerical error.

In filing a lawsuit against the instant company for a claim for the payment of the purchase price (hereinafter “instant claim for the purchase price”), provisional attachment was made on the instant sun-dried salt. On March 16, 2016, in the lawsuit for a claim for the payment of the purchase price, the Defendant (the instant company) was sentenced to the judgment in favor of the Plaintiff to the effect that “the Defendant (the instant company) would pay the Plaintiff E KRW 82,270,000 and interest thereon,” and the judgment on May 4, 2016 became final and conclusive.

Meanwhile, around June 10, 2016, the victim filed a request for auction of movables in relation to the sun-dried salt of this case, which had already been provisionally seized on or around June 10, 2016, with the title of enforcement of the above judgment rendered on March 16, 2016.

[2] On March 2, 2016, Defendant A was aware that the pleadings of the instant claim for the purchase price had been concluded and lost. Prior to the possibility of being forced to enforce the instant sun-dried salt, Defendant A had been aware of having been forced to evade this, Defendant A had been willing to evade compulsory execution by preparing a fair deed based on false claims with Defendant B, who had worked for about six months from November 2, 2007 to April 2008.

Accordingly, the defendants are not infinite, and the defendants are not infinite.