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(영문) 춘천지방법원 2017.05.24 2017고정112

강제집행면탈

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 17, 2016, the Defendant borrowed KRW 40 million from B, but failed to change it, and the Defendant was undertaking compulsory execution on the Defendant’s property by receiving a seizure and collection order (Tcheon District Court 2016 Dokcheon District Court 2016 Dokcheon District Court 2016 Dokcheon District Court 1869) against deposit claims and card sales proceeds from the Chuncheon District Court.

On June 29, 2016, the Defendant concealed the credit card sales amount of KRW 11,590,400 in total over 347 times from that time to December 9, 2012 of the same year, including the concealment of the credit card sales amount of KRW 21,00,00 by treating credit cards issued by non-customers to calculate food costs in the D restaurant "in order to escape the above compulsory execution at the D restaurant, by using the card terminal which is registered in the name of other E, for the purpose of avoiding the above compulsory execution, and changing the Defendant's sales claims to the E E E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The written decision on the seizure and collection order of the Chuncheon district court 2016, together with 1869 claims; and

1. Details of approval of credit cards, copies of credit card receipts, investigation reports, and telephone communications of staff members of the headquarters;

1. Data (E), suspect card sales data (F) and the application of Acts and subordinate statutes;

1. Selection of a fine, in addition to Article 327 of the Criminal Act applicable to the crime and Article 327 of the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant appears to have recognized and reflected all the instant crimes; and (b) the Defendant did not have any criminal record exceeding the fine; and (c) there are elements for sentencing favorable to the Defendant.

However, the crime of this case was evaded by the defendant who was subject to the seizure and collection order by deceiving his own property by means of deception.