beta
(영문) 의정부지방법원 2014.05.30 2013노2419

강제집행면탈

Text

The non-guilty part of the judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of the facts charged concerning the crime of evading compulsory execution of this case and the judgment of the court below

A. The summary of the facts charged is that the Defendant, from around August 25, 2005, operated the instant restaurant under the name of the wife from around August 2005 to around August 25, 2005, the Defendant attempted to make a provisional attachment on credit card sales claims of the instant restaurant due to the Defendant’s failure to repay the leased deposit to the victim H. The Defendant attempted to change the name of the operator of the instant restaurant from the joint name of G to the Defendant’s sole name on April 8, 201, and filed a new application for business registration around July 20, 201 under the name of the Defendant, the Defendant was indicted on or around March 6, 201 and sentenced to the suspended execution for the crime of evading compulsory execution on June 29, 2012. < Amended by Act No. 11378, Apr. 1, 2011>

When the victim was unable to execute provisional seizure on credit card sales claims of the instant restaurant due to the Defendant’s evasion of compulsory execution, on October 201, the victim filed a criminal complaint with the Defendant for evasion of compulsory execution, and then delivered the Defendant his/her intent to take legal measures in the event that no agreement is reached in the course of the investigation and trial of the instant case. At the time, the victim at the time of provisional seizure changed the debtor from G to the Defendant, thereby making an application for provisional seizure on credit card sales claims of the instant restaurant

(In practice, on July 31, 2012, the victim filed a claim for provisional seizure against the Defendant and a claim for damages against the Defendant regarding the above acts. On October 10, 2012, the victim was sentenced to a judgment in favor of the lower court in the claim for damages. Accordingly, the Defendant is not willing to evade compulsory execution by concealing the credit card sales proceeds of the instant restaurant.