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(영문) 인천지방법원 2015.08.12 2014고단8351

강제집행면탈

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has operated a plastic recycling plant under the trade name of “D” in Seo-gu Incheon, and the victim E is a person who has operated a plastic recycling plant under the trade name of “F” by leasing part of the aforementioned D factory.

On December 4, 2010, the Defendant caused a fire to the above D factory due to the negligence of the Defendant, and the machinery, etc. in custody in the victim's factory was burned once the fire occurred, and the victim's damage amount was calculated as approximately KRW 386 million.

1. On June 1, 201, the Defendant, who was exempted from compulsory execution due to a false transfer of an apartment, received a written assessment of the fire accident damage amounting to KRW 386 million from the victim and refused to comply with the request for compensation. On June 13, 2011, the Defendant concluded a sales contract to sell the “Seoul Yeongdeungpo-gu Seoul Metropolitan Government Da-dong 401” to H with the intent to escape compulsory execution and caused damage to the obligee by falsely transferring and concealing the said property by completing the registration of transfer of ownership.

2. On June 15, 201, the Defendant, who was exempted from compulsory execution due to a false transfer of a factory, received a written assessment of the fire accident damage amounting to approximately KRW 386 million from the victim and refused to comply with the Defendant’s request for compensation. On June 15, 201, the Defendant concluded a contract to transfer all the business rights and lease rights of a factory with the size of 198 square meters located in the Seo-gu Incheon-gu, Incheon, which was operated by the Defendant for the purpose of evading compulsory execution on or around June 15, 201, thereby damaging the obligee, by falsely transferring or concealing the said property by entering into a transfer contract with the Defendant for the purpose of evading compulsory execution.

Summary of Evidence

1. Protocol of examination of a witness E;

1. Each police statement to E, J and I;

1. A complaint shall be filed, a fire confirmation official, an immediate disclosure statement (fire prevention results, etc.), a damage evaluation report, a certified copy of the register, and an investigation report shall be filed against the order of a building;