강제집행면탈
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal is as follows: D, a creditor of C (hereinafter referred to as "C") who actually operated by the defendant against the above third party debtor, changed D's name to G (hereinafter referred to as "G") that the defendant could not exercise the above D's collection right, and actually continues to operate G on the basis of the claim based on the original copy of notarial deed No. 375, 200-21, 207, 45,100,00 won for Cheongju District Court's 2009, 236, Cheongju District Court's Cheongju District Court's 2009, 100,000 won for the debtor C and the third party debtor as F corporation and I, and C received a collection order for the seizure and collection of the price for supply against the above third party debtor, and even though the above order was served on the above third party debtor, the court below erred in the misapprehension of legal principles as to "the execution and seizure of D's obligation" and it cannot be viewed as a compulsory execution execution.
2. Determination
A. First of all, as stated in the judgment of the court below, whether compulsory execution against D with D is terminated upon delivery of the above claim attachment and collection order to the third debtor, the execution of the claim is terminated upon examining whether the execution against D's above claim attachment and collection order is terminated, and if the creditor under the order collects the claim against the third debtor, and reported the collection, the execution court will terminate the seized claim within the scope of the collection. The execution court will terminate the execution of the claim by delivering the executory exemplification to the debtor only when the execution claim is fully repaid after investigating the appropriation relation of the collection amount, etc.
The case is returned to the case, and D 52,600.