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(영문) 서울중앙지방법원 2013.08.12 2013고정2724
강제집행면탈등
Text

The sentence against the accused shall be 2,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 7, 2011, the Defendant evaded compulsory execution, at the Defendant’s house of Gangnam-gu Seoul Building 701, the Defendant was unable to repay KRW 40 million to the victim C’s debt, and the Defendant was subject to attachment of nine points (17.10,000 won at the market price) including the “Mean air-conditioninger” owned by the Defendant from D by the enforcement officer of the Seoul Central District Court affiliated with the Seoul Central District Court, and was willing to conceal the said movable as being likely to be subject to compulsory execution. On June 2012, the Defendant concealed the said movable at around KRW 1710,000 at the market price by means of not notifying the victims.

2. The Defendant, at the Defendant’s house located in Gangnam-gu Seoul building 701, owned 9 points in total equivalent to KRW 1710,000,00 in the market price of the Defendant’s goods (i.e., “Manan-ro air-conditioning agreement

On September 7, 2011, the execution officer D belonging to the Seoul Central District Court attached the above goods at the defendant's home and attached a seizure mark on the goods with the execution delegation of C, which is the creditor, based on the original copy of the above court's decision of seizure of corporeal movables (201.6247).

However, on June 2012, the Defendant disposed of 701 of Seoul Gangnam-gu Seoul 2 building 701, “Seece 6 Ulle” in Gangnam-gu, Seoul, thereby undermining its utility. Then, the Defendant removed the attachment indication attached to 5 points, such as “Manan Flue E-1” in Seoul, Gangnam-gu E-gu, Seoul, 501, and “1.3.3.6.6.6.6.6.6.6.6.6.5.6.6.5.6.6.5.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of the progress of the Seoul Central District Court case;

1. Application of Acts and subordinate statutes to authentic deeds;

1. Relevant Article 327 of the Criminal Act and Article 327 of the Criminal Act for the crime, the choice of punishment, and Article 140 (1) of the Criminal Act (the point of invalidation of official indication and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1.

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