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(영문) 부산지방법원 2014.12.11 2014고단5099
강제집행면탈등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the sales chain F, such as motor vehicle parts, in Gyeongnam Kim-si, and Defendant B is a person who operates H in Y in Gangseo-gu, Busan.

1. On May 28, 2013, Defendants A transferred the ownership of 650 tons of a production-oriented machine (hereinafter the “this machine”) used in the above F plant to the above I for the purpose of securing the obligee’s debts of 47 million won, and the third party is unable to obtain the transfer security right or ownership of the machinery, which is the subordinate method of the occupancy amendment, the third party cannot obtain the transfer security right or ownership of the machinery. On June 2013, Defendant B asked Defendant B to the effect that “it is necessary to obtain a loan, H prepared a tax invoice with the purport that he sold the machinery to F in gold 90,000,000 won,” and Defendant B supplied the same amount to Defendant B to the effect that “The supply value of the machinery was supplied to the supplier, without having sold the machinery to F, and to the effect that the supply value was supplied to HF 9,00,000 won.”

Defendant

A around June 17, 2013, at the office of the victim BS Capital (State) office of the 9th floor located in the Busan-dong Busan-dong, Busan-dong 259-4 Busan-dong, Busan-dong 259-4 Busan-dong, the lending officer concluded a lease agreement with the victim company by deceiving the above J by means of not notifying the I of the fact that the purchase price was already provided as security for transfer, while making a false statement with the purport that "J purchased this machine at H in 90,000 won."

Accordingly, on June 17, 2013, the Defendants conspired to attract the victim BS capital by deceiving the victim, thereby making the victim company from June 17, 2013 to Defendant B’s account in the name of the victim company.

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