강제집행면탈등
Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
However, from the date this judgment became final and conclusive, Defendant.
Punishment of the crime
1. Defendants A, as the actual representative of Co., Ltd. C, has operated a restaurant and a lodging in the name of the said company for the human body in the neighboring construction site from around August 23, 2012, around D and four lots of land outside the Seoul-gun, Ulsan-gun, and around the neighboring construction site.
However, around April 10, 2013, the victim E, a creditor of the defendant A, filed a lawsuit against the above company claiming construction cost, such as construction of a restaurant building. On April 8, 2014, the victim lost in the court of appeal but the victim won the lawsuit in the appellate court on January 29, 2015.
Accordingly, around January 2015, when the victim and the defendant A were pending in the lawsuit, the defendant B, who is a member of the F of the above company, had the right to operate the above company's restaurant and lodging, and conspired with the defendant B to falsely transfer the corporeal movables, such as food and lodging expenses claims, facilities and equipment, which are the only property of the above company, and the collection thereof.
Accordingly, on January 6, 2015, the Defendants prepared a contract for the operation of the restaurant on January 6, 2015 to transfer the right to operate the restaurant and accommodation of the said company to G in the Newcheon Station located in Songpa-gu Seoul (Seoul), and completed the registration of the business operator with the said restaurant and accommodation as of February 4, 2015 on the following day.
As a result, the Defendants conspired, in order to escape compulsory execution, transferred the company's property by fraudulent means, thereby doing so to the creditor.
2. From August 23, 2012, Defendant A, as the actual representative of Victim C Co., Ltd., the victim Co., Ltd. from around August 23, 2012, Defendant A practically operated the restaurant and accommodation in the name of the victim Co., Ltd.
While managing the new bank account of the victim company and keeping the funds of the victim company in the course of business, the defendant transferred the light accompanying the defendant from the above account of the victim company to the church account on February 22, 2014, and consumed five million won as the church donation.