beta
(영문) 대구지방법원 서부지원 2018.11.16 2017고단2583

강제집행면탈

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

Defendant

A is the representative of the D M&A and the defendant B is the husband of the defendant A.

D On March 6, 2014, the KF Co., Ltd., which is operated by the victim E, entered into a service contract with respect to the construction of a new construction of a complex building in the G G G G G G G G G G G G G G G G G, and entered into a letter of commitment to pay 300 million won for successful remuneration to the victim on January 9, 2015, and Defendant A entered into a contract with the guarantor for the aforementioned contingent payment undertaking.

Although the injured party claimed the contingent remuneration to Defendant A according to the above contingent repair undertaking, Defendant A did not pay the contingent remuneration agreed upon by the injured party, the injured party sent a certificate to the effect that “if the contingent remuneration is not paid, the injured party would have to take civil and criminal measures together with the provisional attachment of real estate for D (state) real estate and the housing of He (Defendant A).” In addition, the injured party did not perform compulsory execution against the real estate owned by Defendant A, by sending a certificate to the effect that “if the contingent remuneration is not paid, the injured party would have to take civil and criminal measures with the provisional attachment of real estate.”

On January 25, 2016, Defendant A and Defendant B conspired with each other to enter into a contract on donation of H building and land located in the Daegu-gu Office owned by Defendant A, and of donation of the orchard located in Kimcheon-si to Defendant B. On February 3, 2016, Defendant B entered into an ownership transfer registration for the building and land located in the above H on February 3, 2016. On March 2, 2016, Defendant B made it impossible for the victim to enforce compulsory execution for the said real estate by completing the registration of transfer of ownership for the instant land donated to Defendant B on March 2, 2016.

As a result, the Defendants conspired to conceal property for the purpose of avoiding compulsory execution, thereby damaging the obligee.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. A complaint filed by E;

1. Certificates to pay contingent remuneration, certified copies of each real estate registry, certified copies of each real estate registry, certified copies of the complaint, copies of the case search results of the Supreme Court, and PM.