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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Experience] On May 1, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to the divulgence of secrets in the line of official duties by the Incheon District Court, and the judgment became final and conclusive on May 9, 2014.
[2] On October 4, 201, the Defendant borrowed KRW 50 million from the victim C, and paid the principal amount of KRW 3 million and interest KRW 750,000 per month. However, if the principal and interest are not fully repaid by April 4, 2013, the Defendant entered into a water repayment agreement with the transfer of KRW 102 Dong 1503, Yeonsu-gu Incheon, Incheon, which is owned by the Defendant.
By November 8, 2012, the Defendant repaid the principal amount of KRW 27 million and interest KRW 6.75 million in nine times until November 8, 2012, but thereafter, the Defendant failed to pay the principal and interest. The Defendant would bring an apartment under the law if he/she does not pay the money to the obligee.
On April 4, 2013, when receiving a demand for repayment, the maturity date for payment, disposed of the foregoing D apartment owned by the Defendant at this time, and had the intent to evade compulsory execution by the victim by concealing the proceeds of sale.
In F Real Estate located in Yeonsu-gu Incheon Metropolitan City on March 9, 2013, the Defendant purchased the above D apartment in the name of the Defendant from KRW 174 million and sold it to G on the same day after having received KRW 174 million to G, and the Defendant’s wife did not have any occupation. The Defendant’s wife did not have any other property or income, and the above H apartment 405 Dong 903, the Defendant and wife did not complete the registration of ownership transfer under the above I’s name as if it were owned solely by the Defendant and wife, and the Defendant received the transfer through a new bank account in the name of the Plaintiff on May 9, 2013, with the remainder of KRW 38,151,370, remaining after having disbursed the above D apartment sales price as the bank loans and the H apartment deposit, etc. among the above D apartment sales price, and ordered the buyer G to return it to G through the bank account under the above I’s name on May 9, 2013.
Accordingly, the defendant concealed the defendant's property for the purpose of evading compulsory execution, and harmed the creditor as the creditor.
(i) the evidence;