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Reasons
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(영문) 서울북부지방법원 2020.06.10 2019고단4564
강제집행면탈
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From January 10, 204 to June 15, 2005, the Defendant: (a) transferred a total of KRW 101,550,000 to several accounts under the name of the Defendant’s husband C and the Defendant; (b) on January 2, 2012, C prepared a written statement to the effect that he would pay the above money to the victim; (c) on January 29, 2015 and May 29, 2015, the Defendant expressed his intention that “C would pay the said money to the victim as the mobile phone text messages,” and on this basis, on September 3, 2015, the victim received loans from the Defendant and C to jointly and severally pay KRW 101,50,000 out of KRW 85,00,000,00,000 from each account under the name of the Defendant.

The Defendant, as seen above, was likely to be subject to compulsory execution by being subject to a civil suit from the victim. The Defendant was willing to avoid compulsory execution by withdrawing money deposited in the account in the name of the Defendant or concealing money by transferring it to the account in the name of the seat of the Defendant.

1. On December 24, 2015, the Defendant transferred 30 million won, which is part of the inherited property division amount kept in the D bank account (F) under the name of the Defendant to the G bank account (H) account under the name of the Defendant, and concealed it by withdrawing it in cash around January 4, 2016 and concealing it in the name of the Defendant’s house.

2. On August 25, 2016, the Defendant received money of KRW 50 million from the Defendant’s disposal of the Defendant’s shares to a bank account (I) in the name of the Defendant, and concealed it by depositing it into the account under the name of the J, which is the following, after withdrawing it in cash on August 29, 2016.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging the victim who is the creditor.

Summary of Evidence

1. Defendant's legal statement;

1. The police in relation to B.

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