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(영문) 대전지방법원 2016.01.13 2015고정1746

강제집행면탈

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

The Defendants operated C in the name of A from March 25, 2010 to September 15, 201, and operated D in the name of B from September 15, 2011.

While the Defendants were operating the said company, from August 201, entered into a commodity transaction agreement with the victim Purd Co., Ltd. from around the victim Purd Co., Ltd., and sold it to the customer by receiving a plaque from the victim.

From around that time to July 2013, the Defendants received approximately KRW 1.9 billion from the injured party and paid approximately KRW 1.69 billion as the price for the supply of the goods, but around July 2, 2013, two copies of household checks worth KRW 125 million in total issued by the Defendants were in default due to the shortage of deposits.

The Defendants anticipated that they would enforce compulsory execution on the Defendants’ property due to the nonperformance of the household check issued as above, and had the Defendants expressed a false mind to transfer the real estate owned by the Defendants to E, which was introduced by Defendant A’s wife, for the purpose of evading this.

The Defendants, at the G Real Estate Office located in Seo-gu, Daejeon, Daejeon, on July 2, 2013, concluded a false sale contract with the date prepared as of June 22, 2013, to sell to E the land and housing located in Dong-gu, Daejeon, Daejeon, to KRW 137,00,000,000. On the same day, the Daejeon District Court: (a) made a false sale contract with the date prepared as of June 22, 2013; and (b) had a public official who registered the name in the place, complete the registration of transfer of ownership on the said real estate under the name of E on June 22, 2013.

As a result, the Defendants conspired to transfer property in collusion for the purpose of avoiding compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Investigation report (verification of suspect's details of delivery of goods and payment of prices for goods);

1. The balance sheet of claims D, all certificates to be registered with H in the Dong-gu Daejeon, and the real estate sale contract;

1. A written agreement on the transaction of goods, D balance certificate, and