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(영문) 수원지방법원 안산지원 2018.07.19 2018고정374

강제집행면탈

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has operated C in Ansan-si, a member B.

On October 6, 2015, the victim D filed a lawsuit against the defendant for the claim for the return of the loan against the defendant in Ansan District Court, and on March 29, 2016, the same court sentenced the defendant to pay 6 million won to the defendant and interest thereon.

Based on the above judgment, the victim was issued a seizure and collection order from the same court around May 13, 2016 against the defendant's bank and the deposit claims of the Nonghyup Bank.

The Defendant: (a) was likely to be subject to compulsory execution on the credit card settlement price arising from the above store due to the seizure and collection order of the above bonds; (b) in collusion with E, his spouse, and registered the above store in the name of E on July 1, 2016; and (c) around July 5, 2016, the name of the lessee under the lease contract of the above store was changed to E.

The Defendant, in collusion with E, concealed property for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Court rulings attached to the petition of complaint (Ywon District Court Decision 2015Gaz. 42876)

1. Monthly rent contract for commercial buildings and business registration certificate;

1. Application of each decision (Thwon District Court Decision 2016 Doz., 7203 and 2016 Doz., 5614) statute;

1. Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;