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(영문) 청주지방법원 충주지원 2011.12.20 2011고단643
강제집행면탈
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the representative director of the feed manufacturing chain C Co., Ltd. (hereinafter “C”) and has been operating the said company.

Around October 2005, the Defendant agreed to pay KRW 1,948,000 out of the supply price received every month from October 2007 to December 2009, to the effect that D would compensate for the contributory portion for the said company while divorced from around October 2007 after the marriage with D (the “E”) around October 2005.

Nevertheless, as the defendant did not perform it to D, D applied for a seizure and collection order against the goods-price claim against the FF corporation in the Chungcheong District Court of Cheongju on February 9, 2009, and received a seizure and collection order from the Chungcheong District Court of Cheongju on February 10, 2009.

The Defendant, by establishing a company called “G” (hereinafter referred to as “G”), intended to evade compulsory execution by transferring C’s workers, machinery and equipment, and customers as they are.

On February 16, 2009, the Defendant established a company called G at a place where the location is unknown, and then registered C’s workers, machinery and equipment, and business partners as representative directors, and transferred C’s workers, machinery and equipment, and business partners to G.

As such, the Defendant transferred F Co., Ltd., a business partner of C, to G by transferring the expectation right to receive the amount of goods continuously from the business partner, thereby making it impossible for D to perform compulsory execution against C.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution.

2. According to the records of this case, the defendant agreed to pay KRW 1,948,00 out of the price of supply delivered from October 2007 to December 2009 by F Co., Ltd., a customer of C, etc. in the course of divorce with D around October 2007, and ② the defendant agreed to pay KRW 52,60,000 among the price of supply delivered from October 2007 to December 209.

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