logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.02.15 2016고단1051
강제집행면탈
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor due to a violation of the Illegal Check Control Act in the Incheon District Court's Vice-Support on September 4, 2015 and confirmed on December 22, 2015.

Criminal facts

On July 2014, the Defendant: (a) was a person who actually operates F Mart by establishing a stock company E in the name of land owner D from around Kimpo-si C and the first floor of Kimpo-si.

In order to secure the payment of the obligation of KRW 40 million to G Mart Operators H, the Defendant endorsed the check in the name of “E” on the back of the K Current Check, which was entered as “1,00,000 won of the check amount” and “day of January 29, 2015,” and issued the said check to H, and H issued the said check to L.

On January 2015, the Defendant’s name was changed from E Co., Ltd. (In-house director: D) to N(in-house director) in order to avoid compulsory execution against FM’s movable property and proceeds from sales in collusion with D and employees M of Multi-Myun’s date of payment of the check endorsed by the Defendant. In order to avoid compulsory execution against FM’s movable property and proceeds from sales, the Defendant’s name was changed from FM to FM’s name.

Accordingly, the defendant, in collusion with M, concealed the F M&T property's possession by making it impossible or difficult for the creditor to discover the property by making it unclear for the purpose of evading compulsory execution.

Summary of Evidence

1. Legal statement made by a witness L;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement by the police concerning L;

1. To request the cooperation of the head of the accusation, a copy of the check per party (I issuance), a copy of the receipt, and a business;

1. Previous conviction: Determination on the defendant and his/her defense counsel's assertion by inquiry of criminal records and investigation reports (the records of concurrent crimes after Article 37 of the Criminal Act)

1. The gist of the claim (1)

arrow