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(영문) 울산지방법원 2013.08.23 2013노299

강제집행면탈

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., performance-based embezzlement) was that the Defendant deposited 200 million won piece-based performance-based 200 million won in the Defendant’s mother’s account. However, even though the Defendant’s repayment of KRW 200 million borrowed several times from M around September 2006 by establishing the RR Co., Ltd., which did not constitute a false transfer or concealment of the crime of evading compulsory execution, the lower court convicted the Defendant of the facts charged in the instant case. The lower court erred by misapprehending

2. For the crime of evading compulsory execution as stipulated in Article 327 of the Criminal Act, the term “coverage of property” means that a person executing compulsory execution makes it impossible or difficult to detect the property, including the case where the location of the property is unknown, as well as the case where the ownership of the property is unknown;

(2) On October 13, 2005, the court below found the Defendant guilty on the following facts: ① the Defendant received piece rates from Co., Ltd. and deposited them into the R Co., Ltd.’s account established on December 14, 2010; ② the above KRW 200 million was transferred from the above account to the Busan Bank’s M Co., Ltd.’s M Co., Ltd.’s M Co.’s M Co., Ltd.’s M Co.’s M Co., Ltd.’s M Co., Ltd.’s M Co., Ltd.’s M Co.’s M Co., Ltd.’s M Co.’s M Co., Ltd.’s M Co., Ltd.’s M Co., Ltd.’s M Co.’s M Co., Ltd.’s account on December 20, 2010; ② the above KRW 200 million was transferred from the above account to the Busan Bank’s M Co., Ltd.’s M Co.’s account under the Defendant’s name.