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(영문) 서울서부지방법원 2015.10.22 2014고단3716

강제집행면탈

Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of two million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B entered into an exclusive contract on the overall music records and entertainment activities of Defendant B with H, a victim corporation, around July 12, 2006.

On January 31, 2008, the injured party filed a lawsuit against Defendant B seeking payment of penalty of KRW 3 billion on the ground of Defendant B’s violation of the exclusive agreement as Seoul Central District Court 2008Gahap9888.

On September 5, 2008, the above court rendered a judgment in favor of the victim that the victim would pay 1.5 billion won and damages for delay thereof, and ruled that a provisional execution may be effected on the part of the victim's winning money. The above judgment was served on the defendant B around that time.

Defendant

B, on October 21, 2008, at the office of the J (hereinafter “J”) (hereinafter “J”) on the seventh floor of the 7th floor of the I building in Gangnam-gu Seoul, Seoul, the representative director, concluded an exclusive agreement on the production of music records and entertainment activities between the J and the Defendant B. In order to avoid the enforcement of the victim’s compulsory execution, Defendant B conspiredd with the Defendant at the bank account under the name of J to receive the advance payment for the exclusive contract amount, music records, and music records under the agreement to be paid by J with the intent to avoid the enforcement of the victim.

After that, Defendant B received from J 386,80,000 won on November 4, 2008, 286,739,397 won on February 23, 2009, and 86,939,397 won on April 20, 2010, in the new bank account (Account Number:K) opened in the name of J. < Amended by Act No. 19373, Apr. 20, 2010>

Accordingly, with a view to avoiding the compulsory execution of Defendant B’s obligee H Co., Ltd., Defendant B conspired, by allowing Defendant B to deposit KRW 866,939,397 in the account under the name of J the total amount of the advance payment for exclusive contracts or sound records and sound records that Defendant B should receive from J, thereby damaging the victim by concealing the advance payment stamp for Defendant B’s exclusive contracts or sound records and sound records.

(i) the evidence;