Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant borrowed KRW 200 million from B in 2017, and C concluded a joint and several guarantee contract with B for KRW 100 million out of the above debt of the defendant.

On May 16, 2018, the Defendant and C had a possibility of compulsory execution, such as making a provisional attachment registration, on the Seo-gu Busan, where C holds 1/2 of equity interest, with the claim amount as KRW 100 million for the above joint and several several debt obligation of C.

Accordingly, the Defendant, inasmuch as there was no fact that the Defendant had a claim equivalent to KRW 120 million against C with respect to the above D, the Defendant was willing to set up a right to collateral security under the name of the Defendant with respect to the above D’s share in order to evade compulsory execution of the above D.

Accordingly, around December 14, 2018, the Defendant and C prepared a collateral security contract with the obligee “A” and the maximum debt amount “A” at the E office located in the Busan Central District Court, and completed the registration of collateral security by filing an application for the registration of collateral security with the employees of the said certified judicial scrivener office from Busan Central District Court on December 17, 2018.

Accordingly, the defendant, in collusion with C, completed the registration of creation of a mortgage on the ground of false debt for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Second prosecutor's interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to investigation reports (including confirmation of all the matters to be registered by a suspect's residence, registration certificate attached thereto, and registration certificate attached thereto), investigation reports (including documents submitted by a suspect, registration certificate attached thereto, and document establishing a right to collateral security);

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;