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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.
Reasons
Punishment of the crime
Around March 8, 2010, the Defendant entered into a contract on the following: (a) at the office of “E,” located in Seocheon-gu, Seocheon-si and 1st floor D; (b) and “HPC-4.50 tons of used machines,” introduced from HPC-4.50 tons in Pyeongtaek-si; (c) and “HPC-4.50 tons of used machines,” and (d) paid the down payment of KRW 13 million in i.e., payment, and payment of intermediate payment of KRW 13 million in i.e., payment on March 20, 2010; and (d) payment of down payment and intermediate payment as stipulated in an agreement, and (e) payment of down payment and intermediate payment to secure it. A notary public located in Seocheon-gu, Seocheon-gu, Busan-gu, 18th day of the same month, entered into a notarial loan contract for consumption and intermediate payment of KRW 200,000 from J to Law Firm to secure it.
Around August 2012, the Defendant failed to pay the balance to G as agreed upon, and when the Defendant was subject to compulsory execution based on the above notarial deed from G, the Defendant filed a suit of demurrer with the purport that “The compulsory execution of G based on the instant notarial deed shall not be permitted, since it was fully paid KRW 29 million, value-added tax of KRW 29 million, value-added tax of KRW 29 million, and KRW 1100,000,000,000,000 for the costs of trial operation after purchasing the instant machine from G,” and subsequently, the Defendant intended to pay KRW 60,000,000,000,000,000,000,000 for the above notarial deed (which dismissed the Plaintiff’s claim on April 23, 2013).
The Defendant, around January 24, 2013, entered the item in the “sales contract” column in the “sales contract,” with the aim of having the public service center of the Bupyeong-gu, Busan-si, 2, 1105, and G subject to criminal punishment.