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Defendants shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Defendant
A is the representative director of the E, and Defendant B is the above company auditor, and the Defendants are the same bookbook.
Defendant
A’s above E performed the construction work by subcontracting the G work located in Incheon Songdo from F, the original business entity, and leased and used the construction snow material equivalent to the amount of KRW 91,261,200 from June 24, 201 to March 28, 201.
After that, Defendant A did not pay the above temporary rent to the victim, the victim filed a lawsuit claiming the above rent payment against the above E around November 21, 2012.
Accordingly, the Defendants conspired to evade compulsory execution from the victim by bearing false debt.
In addition, around January 2, 2013, the Defendants: (a) subcontracted part of the above E-office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) subcontracted out part of the above civil engineering works from the above E-, and (c) caused false construction contracts, three copies of payment notes, promissory notes, etc. to the above E, as if the Defendants owned claims of KRW 120,000,000 for the said E-, and accordingly, bear false obligations by preparing authentic deeds.
After that, around January 11, 2013, Defendant B applied for a seizure and collection order as the Incheon District Court 2013TTT No. 2013TT908 with respect to the construction cost claim of the above E against the above F on the ground of the aforementioned false claim, and received the decision of acceptance on January 15, 201.
In addition, the Defendants participated in the distribution procedure of the construction cost repaid by the above F based on the above claim attachment and collection order, and received dividends of KRW 17,026,067, and received the total amount of KRW 55,190,186.
As a result, the Defendants conspired with others to bear false debt for the purpose of evading compulsory execution, thereby doing harm to the creditors such as the victim.
Summary of Evidence
1. Partial statement of the Defendants (a statement in itself recognized as having prepared a notarial deed)
1. A witness H and J’s legal testimony 1.