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(영문) 대구지방법원 의성지원 2016.06.09 2016고단19

강제집행면탈

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is the representative of C Incorporated Agricultural Company (hereinafter referred to as “C”).

On March 17, 2014, the Defendant: (a) at the C farm office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, around March 17, 201; (b) considered that the Defendant was likely to be subject to compulsory execution against C due to his failure to repay the amount of KRW 25,650,00,00, the work price for the Defendant, which was incurred by his obligee E; (c) and (d) considered that there was a concern that C would not be subject to compulsory execution against the real estate; and (d) written indictment for the purpose of evading this, the Defendant indicated “A Incorporated Company (hereinafter “G”) as the representative of the said Company,” and the purchase of the instant real estate and completion of the registration for the transfer of ownership is G, not H, to the extent that it does not infringe upon the Defendant’s right to defense.

In order to complete the registration of transfer of ownership by fraudulent transfer of real estate, the victim E was the creditor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of examination records for the person concerned with the intention to support;

1. A copy of the real estate transaction contract and a certificate of all the registered matters [the defendant and his defense counsel at the time of the transfer of the real estate in this case had sufficient property for the defendant to repay his obligations to the victim in addition to the real estate in this case so there was no purpose

The argument is asserted.

However, the crime of evading compulsory execution under Article 327 of the Criminal Code is in danger of undermining creditors by concealing, destroying or falsely transferring property for the purpose of evading compulsory execution under the objective condition in which compulsory execution, provisional seizure, or provisional disposition under the Civil Execution Act is practically likely to be executed, which is, under the objective condition that creditors may bring a lawsuit to preserve the principal claim or bring a lawsuit to preserve the property or bear a false obligation.

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