강제집행면탈
Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
1. On January 15, 2009, Defendant A borrowed 230 million won from the victim E to the business fund necessary for the operation of the F Co., Ltd. (hereinafter “F”) under the name of Defendant A and F, but did not repay it thereafter. On August 12, 2011, Defendant A prepared up a statement of payment that “the victim would pay 4 million won each month until the victim fully pays 230 million won.” However, Defendant A continued to receive payment from the victim since January 2012.
Defendant
A had the mind to transfer the F’s property that is likely to be subject to compulsory execution from the victim as above.
On April 19, 2012, the Defendants drafted a “F’s management right and share transfer agreement” that Defendant A would transfer all F’s assets, such as trademark rights, commodity stock, security deposit, and issued and outstanding stocks, to H at the office of H (hereinafter “H”) operated by Defendant B in Songpa-gu Seoul Metropolitan Government, to H in KRW 300 million.
The term "transfer contract of this case" is called "transfer contract of this case".
However, if Defendant A transfers money in advance to a deposit account under the name of Defendant B, the wife of Defendant B, in the name of Defendant B, immediately, by means of remitting the said money to Defendant B’s deposit account in the name of Defendant B, Defendant B would be pretending that Defendant B would have paid the said transfer contract, and there was no think that Defendant B would actually transfer F’s assets to H.
As a result, the Defendants conspired to transfer F’s property to H for the purpose of evading the victim’s compulsory execution.
2. Determination
A. In the crime of evading the pertinent legal doctrine, false transfer is made for the purpose of evading compulsory execution, inasmuch as the ownership of an asset is changed by taking the form of transfer on the surface despite the absence of actual intention of transfer, and such transfer is made for the purpose of evading compulsory execution.