강제집행면탈등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
D Co., Ltd. (hereinafter referred to as "D") with the fourth floor of the Gu C building during Ansan-si is a corporation established for the purpose of real estate sale business, etc., and E Co., Ltd. (hereinafter referred to as "E") with the same location is a corporation established for the purpose of housing construction business, etc., and the defendant is the representative director of
On February 27, 2007 and August 28, 2007, the Defendant entered into a commercial supply contract with the F Housing Association (hereinafter “Association”) which is an executor for the purpose of resale of the right to sell in lots, and with respect to 11 commercial buildings H in the G apartment in Ansan-si (hereinafter “the above commercial buildings”), respectively, in the name of D, E, and I, and paid KRW 307,648,387, which is a part of the sale price, to the above Association.
On the other hand, J and K concluded a commercial supply contract with D on December 3, 2007 to resell the above commercial buildings as KRW 208,464,000 (hereinafter “instant contract”); D as L supplier in order to reduce tax burden; D obtained the approval of D in the way of transferring L to J and K the right of sale; J and K in the manner of transferring the right of sale to D through a deposit account in the name of the non-act M M under the instant contract; D on December 3, 2007, the Defendant transferred the down payment amount of KRW 20,846,40, KRW 20,846, KRW 400, KRW 206, KRW 400, KRW 840, KRW 16, KRW 308, KRW 208, KRW 306, KRW 208, KRW 208, KRW 306, KRW 208, KRW 16,2008, KRW 36,81,2007.28
However, on December 30, 2008, the Daelim Industrial Co., Ltd. (hereinafter “Large Forest”), a contractor, obtained a provisional disposition on the said commercial buildings on the ground that “the right to claim the creation of a right to collateral security under a construction contract or the right to claim the creation of a mortgage against the contractor under Article 666 of the Civil Act,” as the right to be preserved. The above provisional disposition registration was completed on January 2, 2009, and on the above commercial buildings five times from February 12, 2009 to February 23, 2009, the sum of the claimed amounts is KRW 18,053,76,160.