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(영문) 창원지방법원 2015.10.07 2014고단3080

강제집행면탈

Text

Defendant

B A person shall be punished by imprisonment for one year.

Defendant

A shall be innocent.

Reasons

Punishment of the crime

Defendant B and A, “2014 Highest 3080”, Defendant B and A, together with Defendant B and A, are those who have taken over 500 million won of the claims owed by the husband and wife of the Defendant.

On April 1, 2011, the victim filed a request for payment order against the defendant's husband and wife, but the defendant's husband and wife filed an objection against the claim for transfer money and implemented it as a lawsuit for transfer money, and on April 25, 2012, the Changwon District Court rendered a judgment that "the defendant's couple jointly and severally pays 200 million won to the victim" in the 6th Civil Litigation Division (201Gahap3459).

Accordingly, on December 10, 2012, the Defendant’s husband and wife appealed, and on December 10, 2012, the Busan High Court 200, adjusted the following: “The Defendant jointly and severally pays KRW 175 million to the Plaintiff, and the Plaintiff (victim D) filed an application for the cancellation of a collection order (e.g., cancellation) with respect to the claim against the Defendant Samsung Life Insurance (State) and the Teaching Life Insurance (State).”

According to the mediation, on December 27, 2012, the victim filed an application for termination of the claim of Defendant B with the Busan District Court for termination of the claim, and on January 16, 2013, the fact of application for termination of the claim of the above insurance company was served.

Defendant

B In order to evade compulsory execution on January 16, 2013, B finds out KRW 83,703,053 insurance proceeds after having terminated the insurance in cash even after having terminated the insurance in the state on January 16, 2013. On January 17, 2013, the indictment is written as January 17, 2014, but it is a clerical error on January 17, 2013.

After having terminated insurance in Samsung Bio-resources, 53,299,464 won of insurance money was found in cash and concealed it.

As a result, Defendant B concealed property in order to escape from compulsory execution.

Defendant B, on April 6, 2011, served the original copy of the payment order at the office of the defendant, set forth in 206 Dong 603, Seo-gu, Busan on April 6, 201, and the victim D, the assignee of the debt, to the Changwon District Court against the defendant and the husband of the defendant.