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(영문) 수원지방법원 성남지원 2018.01.10 2015고단1350

강제집행면탈등

Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant A, from December 4, 2012 to Sungnam-si EB02, is a person operating “F”, and Defendant B, from June 1, 2009, is a person working as the head of the above friendship.

Defendant

A lost the lawsuit claiming the payment of delinquent management expenses on October 17, 2014, when there was a dispute over the above E management unit and the payment of management expenses, etc. A imposed an obligation to pay management expenses equivalent to KRW 221,927,400 on the side of the above management unit. On October 28, 2014, the above management body applied for a seizure and collection order for credit card sales claims against six card companies, such as Samsung Card Co.,,, Ltd., of the above "F" to the Sung-nam branch of the Suwon District Court around September 28, 2014, and received the seizure and collection order from the Dong court around October 30, 2014.

The Defendants had the intent to avoid compulsory execution by concealing the credit card sales claim of the above “F”. On November 5, 2014, the Defendants opened a credit card terminal connection account (including a new bank and H) in the name of “G” registered by Defendant B, and paid the amount of KRW 36.8 million for customers who found the “F” using the said credit card terminal from January 23, 2015 until January 23, 2015. Since then, Defendant A managed the said new bank account and released the said money with the “F” operating funds, etc.

Accordingly, the Defendants conspired and concealed the credit card sales claim of “F” to the creditor E management group by means of changing it into G’s credit card sales claim.

"2016 Highest 218"

1. Defendant A opened a credit card merchant in the name of "F" in Seongbuk-gu, Sungnam-si.

From January 1, 2015 to June 30, 2015, the Defendant was permitted to use the name of G credit card member stores in the name of G with G in the same place from January 1, 2015 to June 30, 2015, and the Defendant was allowed to use the name of G credit card member stores. The foregoing G is the credit card of customers using F using G credit card terminals.