A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around August 6, 2009, the Defendant lent KRW 25 million to the victim B, and received a loan certificate from the victim (hereinafter “the loan certificate of August 6, 2009”). On January 15, 2010, the Defendant received 20,000 won from the damaged party as the repayment of the above claim and received the entire amount of the loan from the damaged party, and prepared and issued a receipt, despite the fact that the Defendant did not return the loan certificate of August 6, 2009 to the victim, and borrowed KRW 30,00 won from the damaged party on January 20, 2010.

On December 28, 2010, the victim filed an order to pay the above 30 million won to the defendant who did not repay the above 30,000 won to the Suwon District Court, and the above payment order became final and conclusive (Yanwon District Court Branch Branch Branch 2010 tea 8425). On October 15, 2013, the victim filed an application for the distribution (D) of the money deposited by the above Suwon District Court (Yan District Court Branch Branch 2013, Ansan Branch 2013) with the court of the same trial on October 15, 2013 with the title of enforcement of the above payment order.

Accordingly, on August 27, 2014, the Defendant did not borrow money from the person who was damaged by the means of Ngsan, and filed a lawsuit of demurrer to the effect that the Defendant would not grant compulsory execution based on the payment order of No. 2010 tea No. 8425 (No. 27654). The Defendant submitted as evidence the evidence of the grounds for the Defendant’s lending of money to the Defendant and the details of remittance. On October 27, 2014, the Defendant submitted a preparatory document to the above court on October 27, 2014, stating that he/she was holding a letter of borrowing from the Defendant on August 6, 2009, and the money transferred as above was lent by the Defendant to the victim on August 6, 2009.

On August 6, 2009, the 25 million won was claimed to have been repaid and the 25 million won was presented as evidence.

However, the defendant did not dismiss 30,000 won from the injured party on January 20, 2010 as above, and the above facts did not change.