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(영문) 창원지방법원 2016.04.20 2015고단3250

강제집행면탈

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2012, the Defendant, who was the victim C, took over “Esing shop” and “Esing practice hall” under the condition that the Defendant paid the said victim a total of KRW 250 million premium, but the Defendant did not pay KRW 150 million out of the remainder of KRW 250 million for the said premium, and the Defendant filed a civil lawsuit against the Defendant on October 30, 2013, sentenced the Defendant to the effect that “the Defendant shall pay the victim the principal amount of KRW 150 million and the interest on the date on which the change was made.”

On November 26, 2013, the victim was issued a seizure and collection order with respect to the credit card company, bank, etc. that transacted with the victim as a third party, including the amount of KRW 20 million among the lease deposit that the lessor, who is the lessor of the said “Esing shop, is the third party, and the victim was issued a seizure and collection order with respect to the credit.

On December 3, 2013, the Defendant: (a) at H real estate brokerage office located in G of Changwon-si, for the purpose of evading compulsory execution; (b) at the “H real estate brokerage office,” the Defendant changed the name of the business registration certificate and the name of the business license for the said “Esing shop” to the name of one’s own seat; (c) received the lease deposit from the said F once, and (d) transferred the said I’s lease deposit to the said I, a new lessee, by paying on behalf of the Defendant, movable property, such as the said principal store, the consignee, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written decision, text of judgment (2012 A. 6417) one copy, real estate lease contract, copy of each passbook, and data on the details of each account transaction;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant applicable to an account);

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] [the grounds for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] shall interfere with the exercise of rights. The mitigation area (one month to eight months] [the person with special mitigation] is not subject to punishment (including efforts to recover damage).