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(영문) 서울중앙지방법원 2013.09.24 2013고단4557

강제집행면탈

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”), who operates the above company.

The accurate side of South Korea Stock Company (hereinafter referred to as the " South Korea Stock Company") is "D in bankruptcy trustee of South Korea for bankruptcy debtor's South Korea."

Around May 15, 2012, the Seoul Central District Court rendered a lawsuit against C to demand the purchase of goods and rendered a decision to pay KRW 241,626,128 of the price of goods and interest in arrears on the side of the South Korean territory (Seoul Central District Court 201Gahap23014). Around September 6, 2012, the Seoul Central District Court issued a collection order against C’s bank accounts.

The Defendant, by establishing a “stock company E” (hereinafter “E”), was transferred to C’s workers, offices, business partners, etc., entered in the account book as if he sold the purchased goods in E, and was willing to evade compulsory execution by selling them in E’s name and depositing the sales price into the account in E’s name.

Upon establishing and registering the Defendant as the representative director on May 21, 2012, the Defendant entered the amount equivalent to 64,850,000 won in total of the supply value purchased by C on or around June 2012, 2012, goods amounting to 63,00,000 won in total of supply value purchased by C on or around July 2012, goods amounting to 70,000,000 won in total of supply value purchased by C on or around August 2012, goods amounting to 33,293,450 won in total of supply value purchased by C on or around December 2012, each of the supply value purchased by C on or around December 2012, entered in the account book as if C sold in the account book as if C sold in the account book, received the price in the account in the name of E, and did not deposit in the account of C corporation.

Since that time, the Defendant transferred part of the preexisting business partners, including F, G, and H, to E and continuously traded in the name of E.

On June 1, 2012, the Defendant entered into a contract to lease the office located in the Jung-gu Seoul Metropolitan GovernmentJ under the name of E, which was leased and used by C from C around June 1, 2012, and did not pay the lease deposit in the name of E.