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(영문) 수원지방법원 평택지원 2015.07.09 2015고단602

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

On May 24, 2013, the Defendant entered into a contract with the victim's Bangladesh Co., Ltd. to make a prompt coolant of KRW 50 million within 45 days, and received KRW 45 million under the name of the contract deposit, but failed to make a rapid cooling method within the contract period. On September 9, 2013, the Defendant entered into a notarial deed of money loan contract with the victim that the above KRW 45 million shall be repaid until November 31, 2013. In addition, on February 17, 2014, the victim failed to repay KRW 45 million on the date stipulated in the above notarial deed, and on February 17, 2014, the Defendant applied for a collection order against the Defendant's National Bank, etc. to release the above 100,000 won by the date stipulated in the notarial deed and requested the victim to release the above 40,500,000 won from compulsory execution on February 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of the Supreme Court of Korea to contracts, deposit certificates, notarial deeds, copies of a real estate lease contract, investigation report (lease E currency), copies of the decision of seizure and collection order, and the search of cases in B;

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the Criminal Act;