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(영문) 수원지방법원 2017.05.12 2016고단8402

강제집행면탈등

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants were married and married, and Defendant A leased 108,109 apartment units D apartment units 108,109 from the victim E and the victim F, and registered as the business operator of the “G” restaurant located in the above commercial building, and Defendant B is the actual operator of the above G.

around January 5, 2016, the Defendants received a provisional attachment order of KRW 30,000,000 from the Suwon District Court 2015Ka11453 with respect to Defendant A’s lease deposit of KRW 30,000,000 from Defendant A, and filed a lawsuit for claim for contractual deposit against Defendant A around January 7, 2016. Defendant E, the lessor of KRW 46,827,512 with the claim for monthly rent and management expenses, had the right to claim KRW 108,00,00, and had the right to claim KRW 30,00,000,00 from the victims, and had the right to claim KRW 1146,00,00 under the name of the creditors of the above G, and had the right to claim for provisional attachment and collection under the name of the creditors of the above G, and had the right to claim for compulsory execution under the name of the creditors of the above G.

Accordingly, on July 4, 2016, the Defendants prepared a lease agreement to the effect that they sublet the above commercial building to I without the consent of the lessor of the above restaurant commercial building at the end of the day from July 7, 2016 to July 6, 2018, and submitted the said lease agreement at the branch office of the Suwon Tax Office located on July 8, 2016, 54-gil-ro 2, the Suwon-si, the Suwon-si District District, to newly establish the said G business registration name under the name of I, and around that time, I opened the said G card in the name of G card I by submitting the I’s business registration certificate, the business registration certificate, and the business report certificate, etc. to the J, and operated G in the name of G, while I operated the G in the name of G.