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(영문) 서울남부지방법원 2019.03.27 2018고단3773
강제집행면탈
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a distributor with the trade name “stock company D” in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and C.

The Defendant traded from March 12, 2014 to August 28, 2015, while receiving money from the victim E, the Defendant incurred KRW 37,833,287 of the unpaid amount, but failed to pay the unpaid amount. The victim filed a lawsuit against the Defendant and the said “D” with the District Court around September 7, 2015 and received a favorable judgment on August 12, 2016. Meanwhile, around March 29, 2016, the Defendant applied for provisional seizure of the claim against the bank account of the said “D” with the same court on April 19, 2016.

1. On June 7, 2016, when there is a risk of being subject to compulsory execution pursuant to the aforementioned judgment and the decision of provisional seizure, the Defendant opened a bank account in the name of a business bank (G) under the name of his/her living woman F, and received transaction amounts that he/she received to the business partner as the said account. On December 22, 2016, the Defendant concealed the property for the purpose of evading compulsory execution by having the ownership of the property unknown by means of transferring the bold 2 freezing in the name of his/her “D” to the said F name.

2. On May 6, 2016, the Defendant: (a) leased a warehouse located in Guro-gu Seoul Metropolitan Government H, which is used for the land distribution business, with a deposit of KRW 10 million; (b) concluded a contract under the said FF; and (c) seized corporeal movables equivalent to KRW 13,436,00 in the said warehouse on May 11, 2017, the Defendant concealed property for the purpose of evading compulsory execution by filing a lawsuit with a third party in the F name as if the said warehouse were owned by F and identifying ownership of the property by means of a decision to suspend compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. The register of investigative reports, etc.;

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