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(영문) 서울서부지방법원 2014.02.06 2013고단379

강제집행면탈

Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Defendant

B was the representative director of H (hereinafter referred to as the “H”) of H, and Defendant A was the auditor of H as Defendant B’s children. The judgment of the court below that Defendant A paid 20,500,000 won from the check payment lawsuit (Seoul Western District Court 2004Kadan10261) filed against H, and that J paid 20,500 won and delay damages therefor to H from the contract payment lawsuit filed by the J against H (Seoul Western District Court 2005Gahap1254) to the J 98,79,275 won and delayed payment damages for the amount of KRW 78,517,50,00 among them. However, the Defendants conspired to pay the above debt to the creditors of K et al. for the purpose of evading their respective claims and compulsory execution based on the above judgment, and there was a change of 14,000,000,000 of the building under the name of the owner of H’s land and 14,000,00.

Summary of Evidence

1. Each legal statement of witness I, J, K,O, and P;

1. Statement of the police statement to I and K;

1. A copy of each written judgment and each written appeal;

1. A certified copy of the register, a copy of transfer/acquisition agreement, and a copy of performance statement;

1. Inquiries (Preparation by the head of Nam-gu Incheon Metropolitan City) and the application of the statutes entrusting document forwarding;

1. Relevant legal provisions and the choice of punishment concerning facts constituting the crime: Determination of the Defendants and their defense counsel’s assertion under Articles 327 and 30 of the Criminal Act is to change the name of the owner of the M building (hereinafter “the instant building”) to N Co., Ltd. (N) as it is inevitable to change the name of the owner of the building in the name of N Co., Ltd. (hereinafter “N”) because it is not capable of completing the instant building, and it is not to change

The same issue is the Seoul Western District Court Decision 2013Gahap485 decided November 29, 2013.