강제집행면탈
Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On May 26, 2008, the Defendant, as the representative director of a corporation D (hereinafter referred to as “D”) engaging in the business of selling retaining wall materials, concluded a lease agreement with the lessor F, lessee D, lease deposit amounting to KRW 20 million, monthly lease period of KRW 50,000,000 (hereinafter referred to as “first lease agreement”). On May 26, 2008, the Defendant leased approximately KRW 37,000 (hereinafter referred to as “D”) to the office of “D”).
On December 18, 2009, the Defendant entered into a technical agreement with the victim G Co., Ltd. (hereinafter “G”) on which “D” deals with “G” from “G,” and the Defendant was delegated with the authority to execute construction works related to the reinforced earth retaining wall construction works RECO construction works, surface stability, and surface afforestation.
On April 26, 2010, the two companies entered into a business agreement with “D” and “G” to jointly carry out the construction in relation to the instant construction works, which resulted in disputes arising in the supply of materials by “G” (hereinafter referred to as “instant construction”) based on the aforementioned technical agreement, that the Defendant would receive necessary materials from “G,” and did not pay the proceeds therefrom properly, and that the Defendant brought an agreement against “D” and “G” to jointly carry out the construction in relation to the instant construction works at the rate of 50:50,000, with the exception of the purchase cost, royalties, taxes, and public charges, etc. from the total materials contract amount, and the Defendant brought an agreement against “D” and “G” to distribute the proceeds at the rate of 50,500,000,000 from March 2, 2009 to June 25, 2010.
On April 5, 2011, the Defendant entered into a second lease agreement between the lessor F and the lessor F with the same terms and conditions as the first lease agreement and the second lease agreement between KRW 20 million and KRW 500,000 per month (hereinafter referred to as “2j) with the lease term of KRW 20,000 per month.