강제집행면탈
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Attachment] On November 24, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at Suwon District Court, and the judgment became final and conclusive on December 2, 2014.
【Criminal Facts】
The Defendant, as the actual operator of D (hereinafter “D”) and, from May 27, 201 to May 27, 201, is apparent that the “sales district” as stated in the indictment of Sung-nam City, Sung-nam City, is a clerical error in the subdivision of the party branch. As such, it is corrected ex officio.
E is a person who has operated a “FE” in the name of D.
Around December 26, 2012, the Defendant entered into a charter-party contract with the victim G and the above refined landing width of KRW 150 million, monthly rent of KRW 4.5 million, and the Defendant received KRW 100 million from the victim and decided to substitute the remainder of KRW 50 million in lieu of borrowing from H, which is the lessee of the above refined landing width. After receiving the sales payment to the above refined landing point in D’s name, the Defendant paid the remainder after deducting the monthly rent of KRW 4.5 million. From January 2, 2013, the victim registered the business to the above refined landing point in Fmaart and operated I with the trade name.
On April 26, 2013, the Defendant changed the name of the business operator in the name of the Defendant and the victim of the above fixed landing point to the joint name of the Defendant and the victim, and changed the business operator by adding the “market sales business” to the existing type of business, and on this basis, changed the name of the Fmaart’s cash register operator from D to Defendant’s personal name, and received credit card income in the Fmaart from that time to the Defendant’s personal account rather than D account.
From January 2, 2013 to October 22, 2013, the Defendant failed to pay KRW 39.5 million out of the sales under the above contract to the victim. On October 15, 2013, the Defendant prepared a notarial deed on promissory notes issued by the Defendant with respect to KRW 50 million out of the lease deposit paid by the victim, and KRW 39.5 million of the remainder of KRW 50 million and the remainder of the settlement of accounts between the above static pointner.