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Reasons
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(영문) 수원지방법원 성남지원 2015.05.07 2014고단2239
강제집행면탈
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1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operated a fishery products distributor in the name of “F” in the name of the wife E in a building located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

In around 2012, the Defendant received a proposal from G to sell tending land in China, and agreed to carry on a partnership business with the above F F, thereby enabling G to get the supply of tending land using the said F business name.

A victim H demanded the Defendant to pay the price for the above F from July 2012 to the police officer of the same year as the Defendant and G did not receive the price. Around February 27, 2013, the Suwon District Court issued a provisional attachment order on the above building at Sungwon District Court Sungnam branch on May 1, 2013. Around May 1, 2013, the Defendant and E won won the lawsuit claiming the payment of the price for the same amount against the Defendant and E on September 11, 2013.

When it is anticipated that the Defendant would be subject to compulsory execution from the victim, on February 20, 2013, the Defendant concealed that it would be difficult for the victim to detect the Defendant’s property by registering the ownership of various corporeal movables used in the said building in the name of “mutual I and Name J” separately from the same place as the said F building in the same manner as the said building.

Summary of Evidence

1. Legal statement of K witness K;

2. Partial statement of witness G;

3. Examination protocol of the accused by the prosecution (part of entry);

4. Complaints and accompanying documents;

5. Application of the Acts and subordinate statutes to replys to requests for investigation cooperation;

1. Relevant Articles of the Criminal Act concerning facts constituting an offense. Article 327 (Selection of Punishment of Fines)

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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