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(영문) 광주지방법원 2017.10.19 2017고단1497

강제집행면탈

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to the Seoul Central District Court Decision 2007Ga 78317, a decision to pay KRW 50 million and interest equivalent to 25% per annum to C (representative D) in the case of refund of purchase price, and the judgment became final and conclusive, the Defendant was liable to the above company. The Defendant was liable to the Defendant, and the said company was issued a seizure and collection order from the Gwangju District Court on November 9, 2016, by requesting the seizure and collection order against the deposit claims held by the obligor against the third obligor by designating the Defendant as the obligor, the Nonghyup Bank, the Nonghyup Bank, the North Gwangju Agricultural Cooperatives, the North Gwangju Agricultural Cooperatives, the new Bank, the Daegu Agricultural Cooperatives, the Daegu Agricultural Cooperatives, the Busan Agricultural Cooperatives, and the Busan Bank as the third obligor.

Around that time, the Defendant came to know of the existence of the foregoing order of seizure and collection, and collected KRW 100,000,000 from the Agricultural Cooperative Account (E) in his name, KRW 30,000,000 from the New Cooperative Account (F), KRW 20,000,000 from the New Cooperative Account (G), and KRW 50,00,000 from the Suhyup Account (H).

Accordingly, the defendant concealed property for the purpose of evading compulsory execution by the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A copy of the J Reports;

1. Copy of the complaint, copy of the judgment, and the seizure and collection order;

1. Customer Director;

1. Application of Acts and subordinate statutes to the details of transactions of passbooks in the name of a criminal investigation report (related to the submission of suspect data), each suspect or suspect, and the like;

1. The relevant legal provisions on criminal facts, Article 327 of the Criminal Act on the selection of punishment, the reasons for sentencing of imprisonment [the scope of recommendation] [the scope of the exercise of the right] and there is no person [the person who is subject to special sentencing] in the basic area (six months to one year] (the person who is subject to special sentencing] (the judgment of sentence] as set forth below, and records such as the following circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentence shown in the argument of this case.

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