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(영문) 인천지방법원 2013.06.21 2012고정2515
강제집행면탈
Text

Defendant

A A Fines 3,500,000 won, Defendant B’s fine 1,50,000 won, Defendant C’s fine 2,50,000 won, and Defendant D.

Reasons

Punishment of the crime

Defendant

A is the president of the “J Hospital” on the fifth floor of the 5th, the president of the “J Hospital” in the Nam-gu Incheon Metropolitan City, the defendant D is the director of the “Employment”) medical center of the above hospital, the director of the accounting division of the above hospital, the defendant C is the operator who manages the overall affairs of the above hospital, and the defendant A and the defendant C are the father.

Defendant

A, on November 24, 201, at the above J Hospital, 201, jointly and severally guaranteed the amount of KRW 44 million to the victim K and the amount of KRW 50 million to the victim K, but at the same time, at the time of default on L and M’s obligation, A had been placed in the situation where L and M did not perform their obligations. At the same time, at the above J Hospital, A had attempted to evade compulsory execution by means of false debt burden by threatening to be forced for the smooth operation of the hospital.

1. Defendant A, Defendant C, and Defendant D’s co-principal committed a joint criminal act: (a) failed to repay the obligation on the date of repayment promised by the victim; (b) thereby, there is a concern that the National Health Insurance Corporation’s claim for the payment of expenses for medical benefits, which is a claim arising from the operation of the hospital, may be subject to compulsory execution; and (c) thus, Defendant C, Defendant D, in collusion with Defendant C, Defendant D, and Defendant D, for the purpose of escaping from compulsory execution, prepared a false contract for the transfer and takeover of the claim (as the transferor of the claim: A, transferee: D, and transfer claim: claims for medical expenses for medical benefits and medical benefits claimed by the transferor of claims against the National Health Insurance Corporation, which are KRW 2 billion, among claims for medical expenses and medical benefits claimed by the transferor of claims against the National Health Insurance Corporation; and (d) Defendant C prepared the aforementioned false contract using the aforementioned certificates of seal imprint and seal impression affixed to Defendant C; and (c) Defendant C prepared the aforementioned false contract.

As a result, the Defendants conspired to bear false debt for the purpose of evading compulsory execution.

2. Defendant A, Defendant C, and Defendant B’s joint criminal conduct for the foregoing reasons.

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