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(영문) 서울중앙지방법원 2015.11.19 2015고단5615

강제집행면탈

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2013, the Defendant, as the representative director of E Co., Ltd. (hereinafter “E”), was sentenced by the Seoul Central District Court of Seoul Central District to pay KRW 327,310,00 and interest thereon to the gallon sport Co., Ltd. (hereinafter “victim”) which is the victim, and the said judgment became final and conclusive on April 30, 2014. On January 30, 2013, the damaged company seized the said E’s property based on the first instance judgment with the above provisional execution.

On the other hand, the Defendant received a contract from F, etc. for the new construction of the Gangseo-gu Seoul Metropolitan Government G building, and completed the registration of ownership transfer in lieu of the above G building 203, 204 and 205 under the pretext of the construction cost on August 19, 2013. As above, the Defendant was willing to falsely transfer the above G building, which is the property of E, from the victimized company, with the risk of being subject to compulsory execution.

1. On August 22, 2013, the Defendant exempted compulsory execution of 203 G building No. 203, the Defendant received KRW 43 million as the down payment on the date of the contract with respect to H and 203 G building No. 203, and the remainder KRW 100 million was paid until August 23, 2013 and completed the registration of ownership transfer on August 23, 2013.

However, as seen above, the Defendant is likely to be subject to compulsory execution against the above G building 203 from the victimized Company, and only borrowed the name from the above H, and only borrowed the purchase price. From E to E, the Defendant paid the purchase price in advance to H, and only took out the appearance as if H paid the purchase price normally, and there was no think that H would actually transfer it to H.

Accordingly, the defendant transferred the property owned by E with the intention of evading compulsory execution, thereby damaging the damaged company as the creditor.

2. The Defendant is evading compulsory execution of 204 G building No. 204, Aug. 20, 2013, and KRW 35 million as the down payment on the date of the contract with respect to I, the wife, and the above G building 204.