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(영문) 부산지방법원 2016.10.27 2016고단898

강제집행면탈

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor at the Busan District Court for fraud, and on May 12, 2016, the judgment became final and conclusive.

The defendant is a person who actually operates E, a company that is the car-scrapping company located in the Sinsan City D and the Sinsan City design and manufacturing company of the U.S. press frame design and manufacturing company in the Sinsan-gu B.

From January 10, 201, the Defendant had been unable to pay the amount to be supplied to the victim due to excessive debts and business deterioration while receiving metal plates from the victim FF who operated a manufacturer and seller of metal products. On May 26, 201, the Defendant received a decision to commence rehabilitation against C on May 26, 201, but was subject to the decision to discontinue rehabilitation on October 4, 201, but was in the situation where compulsory execution is possible from the victims, financial institutions, and creditors, such as financial institutions, etc., and had the intent to falsely transfer the patent right, which is the property owned by C, to G, which is the property owned by C, to six degrees.

On April 13, 2011, the Defendant transferred his patent right (patent number: name of the invention: K, patent number: L and invention: M) owned by C to G and registered the patent (patent number: N and the name of the invention:O) owned by C at the I law office located in H of Busan, Busan, to G. On November 10, 201, the Defendant transferred his patent right (patent number: N and the name of the invention:O) owned by C at the I law office.

However, the defendant did not transfer the above patent right to G, and was false in order to escape from compulsory execution by the victims and creditors such as financial institutions.

Accordingly, the defendant transferred property falsely in order to escape compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements of the police interrogation protocol regarding G;

1. The police statement concerning F;

1. The patent register, the search for patent information, a certified copy of the real estate register, a certified copy of the real estate register, the progress of the case of 2011 Gohap13, and the list of creditors' names and the list of claims reported;

1. A copy of each judgment, and