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(영문) 대전지방법원 2019.02.08 2018고정735

강제집행면탈

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant: (a) is a person who runs wholesale and retail business, such as harmony with business registration under the name of Daejeon Dong-gu building B and 6 from May 2009 to July 24, 2014; and (b) fails to pay KRW 57,155,640, which is the creditor, even after being supplied with harmony with D from May 2009 to July 24, 2014; (c) was urged to pay the price in several installments from D Co., Ltd.; (d) on April 28, 2015, the Defendant filed a lawsuit for the payment of goods (U.S. District Court 2015Da2249) and on November 26, 2015, “D Co., Ltd. shall be 57,15,640 won, and its interest thereon may be provisionally executed.”

On February 18, 2016, the Defendant concealed property by changing the name of the said businessman from the sole name of the Defendant (70% shares) to the joint name of the Defendant E (30% shares) and having the Defendant’s employees E (30% shares) known, in order to expect that it would be difficult for the Defendant to normally operate the said enterprise due to compulsory execution and escape from compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning F;

1. The defendant asserts to the effect that "the name of the business operator was changed to the name of the defendant and E in order to operate a joint business with E in fact, so the defendant did not have an intention to escape compulsory execution at the time of changing the name of the business operator."

However, the following circumstances recognized through each evidence duly adopted and investigated in this court, namely, ① the Defendant was receiving demands for the payment of the unpaid amount from June 2014.