강제집행면탈
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
On July 16, 2013, the Defendant entered into an agreement with the victim C Co., Ltd. (hereinafter “victim Co., Ltd”) and the victim Co., Ltd. (hereinafter “Co., Ltd.”) to sell samples of the victim Co., Ltd. in lieu of Internet shopping mall, etc., and concluded an agreement with the Defendant to make installment payments of KRW 687,130,591, which was paid excessively by the victim Co., Ltd. (hereinafter “Co., Ltd.”) and to pay some of the sales profits to the Defendant as commission.
A victim company filed an application with the Daegu District Court for an order to pay an agreed amount equivalent to KRW 638,712,734 to the defendant, as agreed upon by the defendant, around November 3, 2016. On the same day, the defendant filed an application for provisional attachment of claims with the same court on November 11, 2016, provisional attachment was made against the defendant's claims such as the price of goods and operating profits for D, E, F, G, and H, and it reached the third debtor around November 15, 2016, and the defendant became aware of the provisional attachment around that time.
When the Defendant was unable to receive the goods price and operating profit from the third party obligor in accordance with the provisional seizure order, the Defendant was willing to avoid compulsory execution by concealing the deposit deposited in the account in the name of the Defendant in a de facto marital relationship at the time of deposit into the account in the name of the first bank account in the name of the Defendant without provisional seizure. On November 16, 2016, the Defendant transferred KRW 37,322,009, the deposit deposited in the account in the name of the Defendant in the bank account in the name of the Defendant in the name of the Republic of Korea (K), KRW 64,097,617, and the deposit KRW 71,00,000 deposited in the name of the Defendant in the new bank account (L) account in the name of the Defendant.
Accordingly, the defendant concealed the total amount of KRW 172,419,626 in order to escape compulsory execution.
Summary of Evidence
1.