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(영문) 인천지방법원 2018.02.01 2017고단4685
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

To the extent that the Defendant’s exercise of the right to defend is not likely to substantially disadvantage, the facts charged are recognized as facts constituting a crime. 【Basic Facts】 The Defendant is the representative director of C Co., Ltd. (hereinafter “C”) and is a director of D (hereinafter “D”).

C and D are substantially a company that acts as an agent for the recruitment of members related to apartments newly constructed from the Eth of Yeonsu-gu Incheon E, and the victim G Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") is a company that is re-entrusted by C with the recruitment of members.

The Promotion Committee of the Incheon H Regional Housing Association (hereinafter referred to as the "Promotion Committee of this case") selected the company to perform the recruitment work of members around May 14, 2015 as a company to perform the recruitment work of members on behalf of around May 14, 2015, and Asia Trust Co., Ltd. (hereinafter referred to as the " Asian Trust") respectively. D established a new corporation for the said agency.

On November 26, 2015, the Promotion Committee of this case entered into a contract for an agency business for Asian trust and with Asia, and agreed to execute Asian trust upon C’s consent and the request of the Association pursuant to Article 12 of the above contract (the management of the agency business fees). The commission committee of this case entered into a contract for the agency business in the name of Asian trust account I Exchange Bank account, the deposit owner company, the Asian Trust Co., Ltd. (the consolidation with one Bank changed to the JAB bank account due to the merger with one Bank), and opened and managed that the members shall deposit the agency business fees to the above account, and agreed to execute the agency business fees.

【The Victim Co., Ltd.” filed a claim for damages against C, who did not pay the agreed membership recruitment service expenses, etc., on April 2016, 2016, while designating Han Bank, Asian Trust, and the Promotion Committee of this case as the third party debt in the Incheon District Court as C’s non-claim and other claims.

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