강제집행면탈등
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
1. The Defendant is a person who operates a meat processing company called (State)C.
On March 21, 2008, the Defendant issued promissory notes and notarized them on March 21, 2008 with respect to the outstanding amount of debt 200 million won against D while he was being supplied with the props from D from around 2008.
On January 5, 2012, as the defendant could not repay the outstanding amount to D, D was issued a seizure and collection order (Skcheon District Court original 2012TBT branch 2012TBT branch 26) on the credit card sales payment claim that the E-cafeteria operated by the defendant against seven card companies such as SCC card Co., Ltd. based on the notarial deed of the above promissory note.
The Defendant, as seen above, was unable to use the sales proceeds of the restaurant by obtaining a seizure and collection order on the claim for the sales proceeds of the above restaurant, and disposed of the credit card sales proceeds of KRW 46,604,222 as the credit card sales proceeds of the above restaurant from January 18, 2012 to June 23, 2012 as the credit card settlement terminal affiliated with the E-cafeteria, not the E-cafeteria.
Accordingly, in order to escape compulsory execution, the Defendant concealed the property by changing the credit card sales claim of the above E-cafeteria to the sales claim of the E-cafeteria.
2. Breach of trust (2013 Highest 201) The Defendant is a person who operates “C”, a livestock distributor, and “E restaurant” in “C” and “C”, a principal State-si.
On July 6, 2011, the Defendant borrowed KRW 100 million from the Victim H, and agreed to provide all of the lease deposit and facilities of the “Ecafeteria” located in G in the original city operated by the Defendant for the purpose of securing this.
The Defendant received KRW 100 million from the victim according to the agreement, and provided all the facilities of the above restaurant as a security for transfer, and there was a duty to keep the security in order for the mortgagee to achieve the purpose of the security until the loan is repaid.