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(영문) 대구지방법원서부지원 2020.09.04 2019고단2543

강제집행면탈

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2018, the Defendant has been operating the Daegu Dong-gu B and the 1st floor Cmast village from around 2018, and is the victim D with a debt equivalent to KRW 125,00,000 as of October 11, 2018.

Around December 17, 2018, the victim filed an application for a seizure and collection order against the Defendant with the Seo-gu District Court Branch of the Daegu District Court equivalent to KRW 127,608,00,00, which had been remaining at the time, as the claim amounting to KRW 127,608,00. On December 19, 2018, the victim was determined to accept the seizure and collection order under the above court 2018T as the above court 2018TT’s 37037. On January 8, 2019, the victim withdrawn the seizure at the Defendant’s request on January 8, 2019, and again, on January 18, 2019, requested the seizure and collection order as the claim amounting to KRW 78,206,60,00, which had been remaining at the time of the above court, and received the seizure and collection order under the above court 30129,209.

In the above process, the Defendant, in order to avoid compulsory execution, had the credit card sales from the Defendant’s account due to the seizure and collection of the victim, and in order to avoid compulsory execution, had the ownership of the credit card payment claim by changing the name of the said Mart from the Dong-gu, Daegu-dong, Daegu-dong, Daegu-dong, to E. In order to avoid compulsory execution.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as the police investigation report (No. 6,7,8,12 in order) on the F of the defendant's statement in the court statement, complaint, authentic copy of a notarial deed, seizure of each claim and collection order, etc.

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act prevents the victim from obtaining the satisfaction of the valid claim by concealing credit card sales in the name of a third party.