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(영문) 서울중앙지방법원 2017.01.26 2016노4632

강제집행면탈

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) The defendant did not know of C's commodity purchase-price claim, and the defendant was required to conduct business activities, and since it was merely the name of the representative director remaining E in the name of Korea-Nam as public interest service personnel Eul served as public interest service personnel, the defendant had an intention to evade compulsory execution.

subsection (b) of this section.

(2) At the time of changing the name of the business operator of the instant Smarket to H in the Dispute Resolution Co., Ltd., the judgment of civil procedure filed by C against D was not rendered, and there was no executory power. Therefore, the crime of evading compulsory execution cannot be established.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by the court below, the judgment of the court below on the assertion of misunderstanding of facts and legal principles: ① supplied goods to the Smarket of this case in which I had operated in the name of Dong M until September 2012, and thereby paid for the unpaid goods amounting to KRW 2,38.10,000; ② the Defendant entered into a contract with I on November 12, 2012 with the Defendant’s head Nam-Nam, a representative director, to acquire all the business, including the assets and liabilities of the Smarket of this case from I’s Dong M (the first, the Defendant transferred the list of creditors to the Defendant at the time, and the Defendant included the C’s goods payment claim.

(3) On January 8, 2013, the Defendant confirmed to the effect that he received the instant Smarket credit purchase amount.

“The Co., Ltd. has prepared and issued two copies and forty-six pages of the evidence of the evidence confirmation in the name of the Co., Ltd. Co., Ltd. (hereinafter “C. 8, 2012,” written on the date of the preparation of the said confirmation). ④ When seizure, etc. of the credit card payment claims by the K.S. Co., Ltd. in the L., Ltd. continues to exist, the Defendant acquires all of the instant Schlage’s assets and liabilities, etc. on February 21, 2013.