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(영문) 서울중앙지방법원 2015.07.17 2014고단8294

강제집행면탈

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 2006, the Defendant entered into a lease agreement with the victim C, the victim D and the victims' total sum of KRW 276,000,000,000,000 won for lease deposit, KRW 15,000,000 for rent, and KRW 7,000,000 for management expenses, and operated a restaurant from November 24, 2006 to “H”.

From August 3, 2012 to October 2013, the Defendant did not pay the building rent and management expenses to the victims, and did not comply with the Seoul Central District Court's decision to recommend settlement that the victims pay KRW 117,182,375, respectively. On November 18, 2013, the Defendant was willing to avoid compulsory execution by concealing the Defendant's credit card sales from five card companies, such as the card company, etc., the third debtor of the Defendant from the Seoul Central District Court on January 3, 2014.

From March 2014 to May 2014, the Defendant changed the credit card merchant to H (J) registered as the representative of I and H (L) registered as the representative of H (J) and newly installed the card terminal. During the foregoing period, the Defendant used the amount of money in the amount of food prices paid by customers as the national bank account (N) in the name of M (N) of the Defendant.

Accordingly, the defendant concealed H's credit card sales money for the purpose of evading compulsory execution, and harmed the victims who are creditors.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of theO;

1. Lease contract;

1. A copy of a card receipt and each card slip;

1. The details of deposits received by the suspect under his/her name;