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(영문) 의정부지방법원 고양지원 2015.03.06 2014고단690

강제집행면탈

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who has run a mechanical wholesale and retail business by making business registration under the trade name of "D" at the time of strike.

Upon the expiration of the contract on August 15, 2012, the Defendant received a request from the victim to return KRW 15 million in total, and KRW 20 million in total, 35 million in return, and requested the victim to return the same, and the Defendant sent a certificate of content to the victim.

Nevertheless, the Defendant, upon receiving a request from the victim for debt collection due to his failure to repay the money, confirmed his intention of repayment, and found the warehouse and the residence of the Defendant that had been kept. On December 2012, 2012, the Defendant knew that there is a concern for compulsory execution, such as filing a civil lawsuit against the Defendant, and knew that there is a concern that the equipment and office, etc. used in D would be subject to compulsory execution, with the name of “I” under the name of “I” for the purpose of evading it, and tried to clarify the ownership of equipment, office, etc. used in D by registering the business.

Therefore, around January 30, 2013, the Defendant newly established G as the representative of G in Pakistan, and made the name of the business operator, such as equipment, office, office, warehouse, etc., different from that of the above D, thereby concealing its own property which became the object of the victim’s right.

Summary of Evidence

1. Each legal statement of J and E;

1. A protocol concerning the suspect examination of the accused;

1. Letter of payment;

1. Court rulings;

1. Application of statutes on business registration certificates;

1. Determination as to the assertion by the Defendant and defense counsel regarding the relevant criminal facts under Article 327 of the Criminal Act, and the Defendant of the choice of imprisonment

1. The alleged defendant did not have any money to the victim (the victim was set off), and even if not, he did not conceal the property with the intention to escape from compulsory execution.

2. "Harboring property" in the crime of evading compulsory execution as stipulated in article 327 of the Criminal Code of the judgment is a person executing compulsory execution.

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