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(영문) 의정부지방법원 고양지원 2016.04.08 2016고단133
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who serves as a factory manager of the (ju)C, a waste recycling company located in Soyang-gu Seoul Metropolitan City B.

On January 18, 2013, the Defendant: (a) participated in the conciliation proceeding between D and E, which is the Defendant’s wife, as an intervenor at the conciliation date of the claim for damages (see, e.g., 11167), and the conciliation was concluded that the Defendant would pay D KRW 50 million to D; and (b) the Defendant would be liable for D; (c) the Defendant received benefits from D to another person’s bank account in the name of another person.

Accordingly, the Defendant: (a) sent a formal retirement from the F.C., from February 2, 2015 to December 31, 2015, and (b) received total of KRW 29,821,440 from F to F’s national bank account as stated in the list of crimes.

Accordingly, the defendant, for the purpose of evading compulsory execution of D, the creditor, concealed the benefits and allowances received from the defendant DC and harmed the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the head of a complaint, mediation protocol, recording book, investigation report, investigation report (to hear statements from a witness by telephone), and copy of each passbook;

1. In light of the relevant Article of the Criminal Act, Article 327 of the Criminal Act regarding the crime, the reason for sentencing of sentence of imprisonment, the circumstances leading to the crime of this case, or the method of commission of the crime, etc., the nature of the crime is not good.

There is no de facto recovery of damage.

However, considering the favorable circumstances that the defendant led to the confession of the crime, the sentence was determined as ordered in light of all the factors such as the defendant's age, sex behavior, environment, occupation, family relationship, relationship with the victim, motive and circumstance of the crime, details of the crime, and circumstances after the crime.

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