강제집행면탈
The defendant shall be innocent.
1. The Defendant is a person who operated a cafeteria together with D in B buildings and C at the time of entertainment in the facts charged.
On March 30, 2018, the Defendant, together with D, entered into a transaction agreement with F, a limited company F, who supplied alcoholic beverages to E restaurant, and on the same day, when F, a limited company F, who lent 30,000,000 won to D, said debt is jointly and severally guaranteed and notarized on April 2, 2018.
Since D did not repay the above debt, on January 7, 2019, F of the Limited Company F filed an application with the Defendant for the specification of the property with the Busan District Court Branch on January 17, 2019, filed an application with the same court for the seizure and collection order of the claim with the same court on January 25, 2019, received a decision for the seizure and collection order from the same court on January 25, 2019, and on February 25, 2019, the Defendant tried to execute the seizure and collection order of the movable property in the H restaurant located in G in Godae-gu, the Defendant operated on February 25, 2019, but failed to execute it due to the shortage of the enforcement participants.
Accordingly, on February 27, 2019, the Defendant identified the Defendant on February 27, 201 and was under his joint name with the Defendant.
The ownership relationship of the property, such as the movable property in H, was unclear by withdrawing from the person who registered the joint business of H and changing the defendant's identity in I's sole name.
Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging the creditor.
2. Determination
A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
1) On March 30, 2018, F Co., Ltd. (hereinafter “F”) lent KRW 30 million to D on a limited liability company (hereinafter “F”), and the Defendant jointly and severally guaranteed the said debt.
On April 2, 2018, F, D, and the Defendant drafted a process of borrowing and lending money (No. 254, 2018, hereinafter “Fair Deed”) with respect to joint and several sureties’s obligation, and at the time D and the Defendant did not perform their obligation with respect to the performance of money.
2) D met only five million won of the instant loan and the remainder of the loan.