강제집행면탈
The judgment of the court below is reversed.
The Defendants are not guilty.
1. The facts charged in the instant case [Basic Facts] Defendant A is a person who actually operated a Co., Ltd. (hereinafter “D Co., Ltd.” before the modification; hereinafter “instant company”) and E is a person who operates a salt farm in the new age.
Defendant
A concluded on October 16, 2014 under the name of the instant company a contract to purchase KRW 150,300,000 of sun-dried salt owned by E and E (hereinafter “instant sun-dried salt”). At that time, E delivered the instant sun-dried salt to the instant company according to the above sales contract, but the instant company failed to pay KRW 82,270,000 out of the purchase price.
Accordingly, E written indictment on June 17, 2015 stated " May 17, 2015," but it seems to be a clerical error.
The judgment in favor of the Plaintiff was rendered on March 16, 2016 that “the Defendant (instant company) shall pay the Plaintiff (E) KRW 82,270,000 and interest on delay in payment thereof,” which became final and conclusive on May 4, 2016, when filing a lawsuit claiming the purchase price (hereinafter “instant lawsuit”).
Meanwhile, around June 10, 2016, E filed an application for a movable auction of the sun-dried salt of this case, which had already been provisionally seized, with the authentic copy of the judgment rendered on March 16, 2016, as an executive title.
【Criminal Facts】
Defendant
A around March 2, 2016, the argument that the lawsuit for the claim for the purchase price of this case is concluded and thus the loss is confirmed, and A is likely to be subject to compulsory execution on sun-dried salt of this case, and "F", which was run before it, for the purpose of evading it.
From November 2007 to April 2008, Defendant B, who had worked for about six months from around 2007, and Defendant B, had the intention to evade compulsory execution by preparing a notarial deed based on false claims.
Accordingly, it.