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(영문) 서울남부지방법원 2018.02.14 2016고단4721
강제집행면탈
Text

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

[criminal history] The Defendant was sentenced to one year of suspension of execution on September 25, 2014, and the said judgment was finalized on August 27, 2015. On April 29, 2016, the said judgment was finalized on July 12, 2016 after having been sentenced to two years of suspension of execution due to a crime of aiding and abetting perjury, and on November 23, 2017, the said judgment became final and conclusive on December 1, 2017, after having been sentenced to two years of suspension of execution due to occupational breach of trust, etc.

[2] The defendant was the representative director of D (hereinafter "D"), and D, around July 2002, agreed to entrust the sale of the building to the victim G Co., Ltd. (hereinafter "I" after the representative director H and the change) and pay the sales commission to the third party, while carrying out the construction of the F Complex Construction of the 5th underground and the 16th ground surface on the land outside Yeongdeungpo-gu Seoul Metropolitan Government E-24, and around 2002, D, while entering into an agreement to entrust the sale of the building to the third party and pay the sales commission to the third party, the injured party shall waive the sales agency's business and pay the sales commission to the third party at 1% of the total sales price. The mediation was established to pay the victim the sales commission of 500 million won.

D In 2008, in addition to the above debt against the victim, there was a debt equivalent to 24 billion won for the construction work to the Daelim Industrial Corporation, the contractor of the above commercial building, and there was no other reason to pay the test expenses, registration expenses, etc., and creditors were at risk of being subject to compulsory execution from creditors, such as seizure of the company head of the Tong and collection notice amounting to about 12 billion won from the tax office.

The KJ from April 11, 2006, leased the nine floors of the above commercial building to KRW 250,000,000,000,000 monthly rent of KRW 22,50,000 under the name of K, his/her father, who operated the above commercial building, and when around 2008, D was at the risk of being subject to compulsory execution as above, it is separate from the previous monthly rent contract.

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