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(영문) 울산지방법원 2018.08.08 2017고단4453

강제집행면탈

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a de facto operator with all the authority over the daily house of "D" in Ulsan-gu, Ulsan-gu. Defendant B is an operator of the above daily house in the name of the defendant, and the victim Eul who is a joint and several surety of the creditor of the creditor of the defendant B and the joint and several surety of the defendant Eul requested the defendant to seize the above D-related movables with the title of execution of the deed of 481 of July 6, 2015, dated July 2015, prepared by the defendant of the F office of a notary public as the title of execution of the deed of 481 of the F office, dated 13, 2017, and around February 27, 2015, the other creditor, etc. applied for a seizure and collection order against the defendant Eul's property as the title of execution of the deed of 872 of 2015 and the same office No. 69 of 2016, Feb. 16, 2016.

The Defendants conspired to avoid compulsory execution on March 21, 2017 with the intent to avoid compulsory execution by predicting that it would be difficult for the Defendants to normally operate the said D due to the above compulsory execution, etc., and jointly transferred all rights to the said D in the Ulsan Tax Office located in the Nam-gu Busan District, Ulsan District, Ulsan District Court, on March 21, 2017.

As a result, the Defendants conspired to transfer Defendant A’s substantial property for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the statement made to Defendant A during the police interrogation protocol (two times, replacement of the suspect);

1. Statement made by the police for E;

1. Investigation report (a detailed statement of transfer to the account submitted by the complainant, and a receipt for keeping compulsory execution in custody), a detailed statement of transfer, etc.;

1. Data for reference to value added tax;

1. Judgment on the assertion by the Defendants and the defense counsel of the investigation report (a business registration certificate with the change of the name of I), the business registration certificate, and the Defendants.