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(영문) 의정부지방법원 2017.04.13 2016고단5161

강제집행면탈

Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is the representative of a salt plant called “F” located in Gyeonggi-do E, Gyeonggi-do, and Defendant B is the representative of “G”.

Defendant

A around January 18, 2007, a lessee who entered into a lease agreement with the victim H with respect to the above F-factory building. From around May 2013, A was notified of the termination of the lease agreement on the ground of delay in rent payment from the damaged party around November 18, 2013. On July 15, 2015, A was sentenced to the judgment that “the above factory building is delivered, and the amount of KRW 10 million is paid from May 1, 2013 to the delivery date of the building.”

Defendant

B around May 26, 2015, at the auction of the case Nos. 2015, 2015, which was applied by creditors I by creditor I, received a successful bid of KRW 250,500,000,000, for a total of 15 machinery (the same as the list of movable properties in attached Form 1) including 15,000, a shower (F.L.Y.) in the fishery owned by the Defendant A, which was used in the above plant.

The Defendants entered into a false contract with Defendant B, on May 26, 2015, that the Defendants would sell the 20th machinery and the 20th machinery and the 20th machinery of the 20th string (the same as the list of movable properties in attached Form 2), which was not the object of the said auction, to Defendant A, when there was no purchaser’s intent to sell the 20th string machinery and the 2nding machinery.

As a result, the Defendants conspired to transfer the attached 2 machinery for the purpose of evading compulsory execution.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Statement made by the police with H;

1. A real estate transaction contract, a certified copy of registry, and a building lease contract;

1. Court rulings or protocol of auction where the custody of movables is held;

1. Application of written Acts and subordinate statutes to the complaint, content certification, and preparation;

1. Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act concerning the crime and the choice of punishment.