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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, this decision is delivered to the Defendants.
Reasons
1. In full view of the summary of the grounds for appeal (fact-finding) the victim and I’s statement and the circumstances leading up to the payment order, the court below acquitted the victim of this part of the charges on the grounds of the defendants and G’ statement with no credibility without reasonable grounds. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. Defendant A is a person who operates a repair store under the trade name of “E” located in Osan City D, and Defendant B is a person who is a business operator of the above E and is a lessee of the store lease contract, as Defendant A’s wife.
The Defendants stated in the indictment on September 15, 2010 as of September 10, 2010, but this appears to be a clerical error in September 15, 2010.
F. F. F. F. A. F. F. B. B. B. L. (hereinafter “E”) borrowed KRW 30 million, and repaid KRW 4 million until December 31, 201, the due date for payment, and did not repay the remainder of KRW 26 million.
The Defendants conspired with the victim to pay the above loan amount of KRW 26 million after the due date of the loan and to be urged by the victim to pay the debt amount of KRW 26 million, and the purpose of evading compulsory execution is to evade compulsory execution. On February 10, 2012, the Defendants prepared a real estate lease contract under the pretext that Defendant A did not have any obligation to repay the debt amount to Defendant B, Defendant A’s relative, and upon the request of the lessor H’s agent from the above E to “G” from “B” to “B” upon the request of the lessor’s agent. On February 14, 2012, the Defendants prepared a real estate lease contract under the name of the lessee from “B” to “B”, and changed the name of the above E’s business registration from “B” to “B,” and prevented the victim from executing compulsory execution on the above E store lease deposit return claims, credit card sales claims, and corporeal movables in the above store.