강제집행면탈
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 18, 2017, the Defendant had a substitute driver B drive a motor vehicle owned by the Defendant, but caused the occurrence of an accident resulting in the death of the driver of the Obane, due to the negligence of B.
Accordingly, on June 15, 2017, the victim D et al., the father of C filed a lawsuit claiming damages against the Defendant et al., and on December 19, 2018, the Seoul Central District Court rendered a judgment in favor of the Plaintiff that “D et al. and B jointly pay the amount of KRW 283,086,965 each year from May 19, 2017 to December 19, 2018, and 15% each year from the next day to the date of full payment.”
Seoul Central District Court 2017dan511795 case.
On the other hand, with respect to G Co., Ltd., the insurer of Defendant vehicle, the judgment was rendered to pay KRW 75,000,000 out of the above money and delay damages jointly and severally with Defendant B.
In light of the above trial process, the Defendant’s decision unfavorable to the Defendant was imminent, and the Defendant received retirement pay of KRW 57,312,570 from the Korea Electrical Safety Corporation to the Agricultural Cooperative account under the name of the Defendant and was likely to be subject to compulsory execution. Around November 30, 2018, the Defendant withdrawn KRW 56,000 out of the above retirement pay in cash, and around December 18, 2018, deposited KRW 49,900,000 in the name of the Defendant E (F), a person living together with the Defendant, from December 18, 2018.
Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging the victim who is the creditor.
Summary of Evidence
1. The defendant's partial statement (a statement to the effect that money was withdrawn from the market and deposited into the E account);
1. Statement of D police statement;
1. Decision in a lawsuit seeking compensation for damages, written application for property inquiry, copies of each passbook, and details of the agricultural bank account transactions;
1. Each investigation report (the Nos. 10, 12, 13 of the evidence list) shall be applied to the legislation.