강제집행면탈등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a business operator operating “C” in substantial Gu-Si, Cheongju-si, and D, the Defendant’s wife, is a business operator operating “F” in Seowon-gu, Seowon-si.
1. On January 4, 2018, the Defendant was liable to guarantee the Defendant’s obligation to the Victim G G Co., Ltd., and the said victim, while operating “C”, provisionally seized the total amount of 15 million won of credit card sales claims to be received from H Co., Ltd., and issued a collection order on February 12, 2018.
On January 8, 2018, the Defendant came to know of the fact of provisional seizure by the victim, and anticipated the likelihood of compulsory execution by the victim around January 15, 2018, the Defendant concealed credit card sales claims of “C” by means of obtaining more than one card terminal used in “F” from the settlement agency of “I” (VN) and connecting the card terminal with “C” to the “F” credit card sales by means of changing the F’s credit card sales to the F’s credit card sales.
Accordingly, the defendant concealed property in order to escape compulsory execution.
2. From January 15, 2018, the Defendant violated the Specialized Credit Financial Business Act, from around January 15, 2018, traded by credit card in the name of another credit card merchant by using a credit card device affiliated with D in the name of “F” for customers using “C”, the credit card merchant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. A complaint;
1. Application of the Acts and subordinate statutes to the copy of the decision of provisional seizure of Gwangju District Court, and the seizure and collection order of claims to be transferred to the main seizure, and the copy of receipt carded in C;
1. Relevant Article 327 of the Criminal Act; Article 327 of the Criminal Act; Articles 70 (3) 3 and 19 (5) 3 of the Specialized Credit Financial Business Act; and each choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;