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(영문) 전주지방법원 2019.09.05 2019고단682

강제집행면탈

Text

Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A from July 5, 2017 to February 12, 2018, from the date of the preceding week, A was the owner of D’s business in Yansan-gu C, and Defendant B was the actual operator of D during the said period, who was the owner of D’s business from February 15, 2018.

Since the victim E supplied the filing of a lawsuit to the above D and did not receive KRW 23,165,00,000, the victim E filed a civil lawsuit against the defendant F and the defendant Eul, and the former District Court 2017 Ghana 19162, which became final and conclusive around August 25, 2017. Based on this, the Daegu District Court 2018TTTT 2018TT 1068 and the collection order was issued on January 24, 2018, and became final and conclusive around that time. Based on the above D’s franchise agreement, enforcement was conducted against H, I, and the third debtor’s credit card sales amount to be received from the Labor Cooperative account in the name of the defendant Eul.

The Defendants conspired to avoid compulsory execution by concealing the aforementioned D’s credit card sales revenue, and Defendant A reported the closure of business registration under the name of the Defendant A in the Jeonju Tax Office located in 95, Jeoncheon-gu, Jeonju on February 12, 2018, and Defendant B reported the establishment of the D’s business in the name of the Defendant B at the above tax office on February 15, 2018, thereby allowing each of the said credit card companies to pay credit card sales revenue to the Defendant B.

Accordingly, the Defendants concealed the above D’s credit card sales amount for the purpose of evading compulsory execution, thereby doing so to the creditor.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. Jeonju District Court 2017Gaon 19162, Daegu District Court 2018TTTT 1068, the letter of decision to seize and collect claims, Daegu District Court 2018TTT 30, investigation report (related to D-site investigation), business registration certificate (A), investigation report (related to claims collection), and telephone conversations of Korean certified judicial scrivener in relation to claims collection.