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(영문) 수원지방법원 평택지원 2017.01.24 2016고정313

강제집행면탈

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who was an operator of a "D" restaurant located in Ansan City from July 16, 2014 to February 4, 2016, and Defendant B is a person registered as the operator of the above restaurant from February 5, 2016, and the Defendants are married.

Defendant

A, around February 7, 2012, around KRW 10,00,000, around April 30, 2012, around KRW 10,000,000, around April 30, 2012, and KRW 30,000,00 on June 27, 2012, to fully repay KRW 50,00,000 until December 30, 2012, but did not fully repay.

Defendant

A The victim who did not repay the borrowed money as above, as of July 16, 2014, filed a lawsuit against Defendant A to pay a loan with the competent court in Suwon District Court of Suwon District as of September 30, 2014. Based on this, on November 16, 2015, around Suwon District Court rendered a final and conclusive judgment as of September 30, 2014, Defendant A applied for compulsory execution against the corporeal movable property in the Seocho District Court of Suwon District upon receipt of a decision to seize and collect a bond against the D’s credit card, new card, modern card, and K non-national card, and applied for compulsory execution against the corporeal movable property in the Seocho District of Suwon District Court of Justice around November 16, 2015. < Amended by Act No. 13373, Feb. 5, 2016>

Accordingly, on February 5, 2016, the Defendants changed the operator of the “D” restaurant in Ansan-si from A to B, thereby preventing the execution of collection of credit card sales and the seizure of tangible property from being registered.

As a result, the Defendants conspired to avoid compulsory execution and thereby, caused the victim, who is the obligee by modifying the business registration.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police for E;

1. A complaint, copy of payment order, copy of a request for seizure and collection, copy of a request for compulsory execution, protocol of seizure of tangible property, protocol of impossible execution of seizure of tangible property;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;