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(영문) 대전지방법원 공주지원 2017.06.23 2016고단402
강제집행면탈
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D Co., Ltd. (hereinafter referred to as “D”).

On September 2, 2013, the Defendant entered into a subcontract on behalf of D with the victim Mine Development Co., Ltd. (hereinafter referred to as the “victim”) to supply the raw materials located in the place of extraction of aggregate in Cheongyang-gun E to D ( state).

Since the Defendant did not pay approximately KRW 270,000,000,000,000,000,000 to be paid by D Co., Ltd. to D Co., Ltd., on or around August 4, 2015, it was anticipated that the damaged Co., Ltd. conducted provisional attachment of D Co., Ltd. 14,00,00, and that the damaged Co., Ltd. filed a lawsuit against D Co., Ltd. for the claim, such as the amount of aggregate purchase, etc., ( state) D Co., Ltd. (hereinafter referred to as “the heavy survey”), D Co., Ltd. had D Co., Ltd bear the false liability of KRW 420,000,000 for aggregate owned by D Co., Ltd. ( state) and had D Co., Ltd. receive 40,000,00 and 40,000,00.

On September 9, 2015, the Defendant: (a) borrowed KRW 420 million from the G office of Law Firm G; (b) D’s heavy survey; and (c) secured aggregate owned by D as a combination of aggregate owned by D, 400,000, Vietnam and 400,000, Vietnam, as security for transfer and loan contract for monetary consumption and loan; (b) around that time, there was no fact that a notary public on the second floor, F, and 2, has received KRW 420,00,000 from the heavy survey of D and received KRW 42,00,000 from the heavy survey of D.

Accordingly, the defendant had DD bear false debt for the purpose of evading compulsory execution, and caused the damaged company as the creditor.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to I and J;

1. Each investigation report (to identify aggregate on board D on-site visit and to verify aggregate.

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