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(영문) 춘천지방법원 강릉지원 2014.10.08 2014고단618

강제집행면탈등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

[2014 Highest 618] Defendant A is the D representative director, and Defendant B is the E representative director.

Defendant

A received electric equipment and materials from G operated by the victim F from March 2010 to October 2010 from the victim F, and failed to pay part of the price, even though A was ordered to pay KRW 42,037,105 at the Seoul Southern District Court around November 17, 201.

In addition, around October 28, 2011, Defendant A failed to repay the amount in spite of borrowing KRW 50 million from the victim I by stating that “I would immediately pay the money after a day of lending the money.”

In the meantime, the defendant A, around March 2013, intended to receive KRW 1 billion from N in return for transferring the name of the owner of M Hospital, which was constructed in L and five lots outside the East Sea, to N in the name of the owner of M Hospital.

Accordingly, on October 7, 2013, the victim I submitted a written complaint to Defendant A with respect to the failure to receive the above KRW 50,000,000,000 to the Gangnam Sea Police Station, and around October 28, 2013, the victim I submitted an application for provisional attachment of a claim to Chuncheon District Court as "the debtor P and the third debtor P and Q Co., Ltd." to the debtor, but voluntarily withdrawn the claim. On December 18, 2013, the victim I filed an application for provisional attachment of a claim with the same court as "N Q Q Co., Ltd. of the debtor D and the third debtor corporation."

On the other hand, around November 12, 2013, the victim F was issued a seizure and collection order with the same court as the debtor D D Co., Ltd. and the third debtor N Q. In addition, the defendant F continued to collect the claim against N from August 19, 2013, or requested N to suspend the payment of the claim against the defendant Eul. Thus, the defendant F is likely to be subject to compulsory execution from the victims.