Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Punishment of the crime

Defendant

A around September 19, 2017, around September 19, 2017, the victim C was the Plaintiff (Counterclaim Defendant) and the Defendant was the Defendant, the Defendant (Counterclaim Plaintiff), the Changwon Branch Branch of Changwon District Court 2016ddan496, 2017ddan363, with the intention of paying the victim a property division of KRW 212 million to the victim. Accordingly, the Defendants were willing to evade compulsory execution by means of having the Defendant owed a false debt to the Defendant B.

On December 5, 2017, the Defendants prepared a loan certificate as if Defendant A had the obligation to pay KRW 250 million to Defendant B at the house of Defendant B located in Changyang-si. Defendant B received an order to pay KRW 250 million to Defendant A at the Changwon District Court in the course of the above loan certificate around August 14, 2018. On October 5, 2018, Defendant B filed a report on rights and demand for distribution based on the above payment order in the course of the above compulsory auction G compulsory auction with the Changwon District Court close-gu District Court located in Changyang-si, Defendant E.

As a result, the Defendants conspired to commit a false debt for the purpose of evading compulsory execution, thereby damaging the victim as the creditor.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to divorce and judgment on division of property, certified copy, report on rights and demand for distribution, payment order, appraisal and assessment, loan certificate;

1. Article 327 of the Criminal Act; Articles 327 and 30 of the Criminal Act; Defendant B who selects imprisonment: Articles 327 and 30 of the Criminal Act; Selection of fines;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of a sentence]: Obstruction of another’s exercise of one’s right, etc. (the type No. 4].