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(영문) 울산지방법원 2013.04.11 2012고단3208

강제집행면탈

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person working as the head of C’s headquarters from August 2009.

In around 198, the Defendant was unable to repay the debt equivalent to KRW 1.3 billion borrowed from the Industrial Bank of Korea, and the Defendant, who guaranteed the said loan, failed to repay the said debt.

On December 26, 2002, the Industrial Bank of Korea filed a lawsuit claiming a loan against D Co., Ltd. and the defendant, etc. with the Gwangju District Court, and obtained the judgment in favor of the plaintiff on June 5, 2003, and the judgment became final and conclusive.

The above-determined loan credit was transferred to Dong Yang-sa Co., Ltd. thereafter.

On July 22, 2008, Ulsan-gu E building 306, Ulsan-gu, Seoul-gu, the Defendant’s residence, urged to take legal procedures such as compulsory execution (the total amount of credit is KRW 2,132,742,00, including interest and overdue interest on the principal obligation).

In order to avoid compulsory execution by the creditor company as above, the Defendant transferred the registered domicile of the Defendant and received the monthly salary, etc. of the Defendant to his family account in order to conceal the property.

2. The Defendant, on May 6, 2009, resided in the building 306 in Ulsan-gu E, Ulsan-gu, the original domicile of which is the Defendant, and moved the resident registration domicile to G 302 in Ulsan-gu, Ulsan-gu, the Defendant’s domicile of which is the Defendant’s domicile, to G 302. On July 15, 201, upon the death of F, the Defendant re-transfer the resident registration domicile to G, the address of H, the other location of which is the Defendant’s domicile.

On November 30, 2009, the Defendant deposited the monthly salary of KRW 1,004,00,000, which the Defendant received from C, working for the Defendant, into the Bank account (Account Number L) in the name of two children of the Defendant, which is the account managed by the Defendant.