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(영문) 서울북부지방법원 2014.01.14 2012고단2448

강제집행면탈

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Defendant

A is a person who works as an individual business in the F-Limited Company with the 6th and 8th floor of Gangnam-gu Seoul building E, and Defendant B is the spouse of Defendant A.

On May 2, 2011, the Defendants conspired to change the name of the principal business operator, which is the right to receive sales allowances and fees from the FF limited liability company of the Defendant A, to the name of the Defendant B, for the purpose of securing the claim for KRW 351,00,000 from the Defendant G, by taking a provisional attachment against the Plaintiff’s FF limited liability company, for the purpose of securing the claim for KRW 50,000,00.

Defendant

A around November 11, 2011, at the above F limited liability company office, prepared an application for change of DNA interview information with the content that the defendant A will change the main business license of the above F limited liability company to the defendant B, and then transferred the main business license to the defendant B.

Accordingly, the Defendants conspired to conceal property for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness H;

1. Statement made by witnesses G in the third protocol of trial;

1. Part of the prosecution examination protocol against the Defendants

1. Protocol of the police statement concerning G;

1. Investigation report;

1. Application of the application for registration of a beauty interview and contract, specifications of savings deposit transactions, and statutes governing the receipt of business income withholding tax;

1. Articles 327 and 30 of the Criminal Act applicable to the crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendants, who committed an act to evade obligations without paying a considerable amount of debt to Defendant A’s creditors G, but were denied their crimes; and (b) the Defendants, who committed an initial crime without any criminal history, are favorable to the Defendants.