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(영문) 서울남부지방법원 2018.10.18 2018고단3593
강제집행면탈
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around May 26, 2007, the Defendant borrowed KRW 53 million from the victim B, but did not change it. On August 20, 2008, the Defendant filed a claim for the return of the agreed amount and rendered a judgment ordering the victim to pay the above KRW 53 million and interest thereon on December 10, 2008. On August 25, 2017, the Defendant applied for a seizure and collection order and seized the Defendant’s benefit claim under the seizure and collection order issued on August 28, 2017.

In order to escape from compulsory execution such as seizure of the Defendant’s wage claim under the name of the Defendant, the Defendant entered his children C in the Defendant’s company with false employees, and thought that the remainder of the benefits except the minimum wage subject to compulsory execution, out of the wages, was paid into the account in the name of C.

The Defendant received KRW 50,98,800,00 as salary for 15 times in total as shown in the attached Table 1 list of crimes, from around November 14, 2018 to around January 10, 2018, as an employee from “E Co., Ltd.” located in Seo-gu Incheon Metropolitan City, for the purpose of evading compulsory execution due to the receipt of wages, and was paid as an employee from around November 10, 2016 to around January 10, 2018, the Defendant concealed KRW 68,08,80 in total by receiving KRW 17,100,000 for five times in total as shown in the attached Table 2 list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Delivery/Confirmation of Statement of the Police with respect to B; 1. The Judgment (Seoul District Court 2008Ga group 95044), execution clause, decision (Seoul Southern District Court 2017, 11925, 2017), the peremptory notice of the debtor's statement, the complaint, reply, and the order to prepare the statement;

1. Certified resident registration, family relation certificates, and employment insurance details;

1. Details of the case (the Incheon District Court 2008 Ghana 95044);

1.The respective F Bank Account Transactions Acts and subordinate statutes.

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