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(영문) 수원지방법원 2017.09.06 2017고단2510
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From July 2010, the Defendant operated the “E” located in the Gansi District D, and lived together with F in an internal relationship. G, F’s spouse, was aware of the fact around May 19, 2012, and filed a lawsuit claiming divorce and consolation money against F on June 4, 2012, and against the Defendant on August 9, 2013, the Defendant filed a lawsuit claiming compensation for damages against the failure of marriage.

Accordingly, the Defendant deposited KRW 56,80,000,000 in cash owned by the Defendant at the original bank branch of the National Bank in Ansan-si, Nowon-si on December 30, 2013, to the National Bank account (I) in the name of the Defendant’s female student, in order to escape from compulsory execution due to the above lawsuit.

Accordingly, the defendant concealed the defendant's property for the purpose of evading compulsory execution by G, which is the creditor, and harmed the creditor.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of suspect of the police against J;

1. Statement of the police statement related to G;

1. A statement prepared by K;

1. Receipt details of divorce lawsuits, each written judgment, details of receipt of damages, and application of Acts and subordinate statutes on account transactions;

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who has no basic area (6-1 year to avoid compulsory execution) / [decision of sentence] The victim's damage was most not recovered, and the defendant did not agree with the victim, and the defendant committed a crime of evading compulsory execution as in this case when seizure of passbook from the victim was anticipated, most of the above money was consumed, and most of the above money was committed. The crime is not good, the defendant is not good, the defendant's initial offender is the first offender, the defendant deposited 10 million won for the victim, the amount of the victim's credit, the circumstances of this case, etc.

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