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(영문) 대구지방법원 2015.05.13 2015고정502

강제집행면탈

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 27, 2014, at the defendant's house located in Yongcheon-si B, the defendant was served with the succeeding execution clause stating that he succeeded to the acquisition amount of KRW 2,233,572, and the interest claim on the acquisition amount of the social company, which was held by the defendant against the defendant, at the defendant's house located in Yongcheon-si B, Youngcheon-si.

On May 26, 2014, in order to secure the above claim, the injured company requested the Daegu District Court to issue a seizure and collection order on the 28th day of the same month against the claim of the maximum debt amount equivalent to KRW 25 million against the claim of the secured debt amount equivalent to KRW 105,200,000,000, the wife population D, which the defendant owns C, and received the seizure and collection order on the 28th day of the same month.

6.2. The original copy of the above order of seizure and collection was served to C, the garnishee.

around that time, prior to the fact that the original copy of the above order of seizure and collection was served by E, the husband of C, the Defendant’s wife F, notified the above fact to the Defendant, and conspired to change the name of the above right of collateral security to G, F, in order to evade compulsory execution. On June 10, 2014, the registration was completed by changing the name of the above right of collateral security holder from the Defendant to G on the ground of transfer of confirmed claim.

Accordingly, the Defendant, in collusion with F, transferred the right to collateral security to G with a false intent to evade compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. The certificate of each service, the decision on performance recommendation, the execution clause, the seizure and collection order of the collateral-mortgage, and the search screen of the Supreme Court B;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant Articles 327 and 30 of the Criminal Act concerning facts constituting an offense and Articles 327 and 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;