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(영문) 서울중앙지방법원 2017.10.26 2014고단4154
강제집행면탈등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

All of the applicants' applications for compensation are dismissed.

Reasons

Punishment of the crime

On July 9, 2010, the Defendant was sentenced to two years of imprisonment in total due to fraud, etc. at the Seoul Central District Court, and was released on May 30, 201, and the remaining term of imprisonment has expired on July 25, 201.

The defendant of "2014 High 4154" is the representative of the agricultural corporation AB and the agricultural corporation AC.

On October 8, 2012, the date indicated in this part of the facts charged, is clear that it is a clerical error in writing, and even if it is corrected, it is no disadvantage to the defendant's right to defense. Thus, it is difficult to correct it ex officio.

In Seocho-gu Seoul Metropolitan Government Seocho-gu, “AA, the debtor, AB representative director AB, joint and several guarantors A, AD, the amount of credit is KRW 200 million loan, and the change of the amount of credit is October 5, 2013 if the debtor and joint and several guarantors fail to perform their monetary obligations under this contract,” and “In the event the debtor and joint and several guarantors fail to perform their monetary obligations under this contract, the debtor and joint and several guarantors immediately agreed that they are not dissatisfied

“A” has prepared a fair certificate of monetary consumption lending and lending contract, the content of which is to be granted, and delivered it to A.

After that, it was impossible to repay the above KRW 200 million by October 5, 2013, which was due and due, and on October 15, 2013, the collection order of claims against AD on October 16, 2013 is not based on the official certificate against AB against the agricultural company, but based on the official certificate against the defendant (Law Firm AH 470, 2013). Thus, it is excluded from criminal facts.

At the request of each creditor AA, there was a concern that the above joint and several guarantors' deposits, card payments, and medical care payments would be subject to compulsory execution against the property AB owned by the above debtor agricultural company.

The Defendant, for the purpose of evading compulsory execution, sold three lots of land, such as the CE, AF, and AG, from around November 14, 2013, to AC, an agricultural corporation, even though there was no fact that the Defendant sold three lots of land, such as the CE, AF, and AG, prior to the ownership of AB, to AB, and the said three lots of land is an agricultural corporation.

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