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(영문) 인천지방법원 2017.05.11 2017고단1621
강제집행면탈
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the kind of the defendant B.

B In 202, while maintaining a marital life with victims C in around 2002, the property formed in the course of maintaining a marital life was divided by 1/2 and divided by 1/2 on condition that she was divorced by agreement. Accordingly, 1/2 by lending the victim’s property as security, but the victim did not pay 1/2 of the loan to the victim. However, on November 1, 2012, it could be sufficiently anticipated that a civil lawsuit (the Incheon District Court 2012 Gohap 1881) is enforced against victims of damage in a place of business operated by B according to the decision.

B requested the Defendant, who is pro-friendly, who is likely to be subject to compulsory execution as above, to “ging the name of the business operator” and the Defendant consented thereto on November 29, 2012, changed the “E” operated by B in Seo-gu Incheon, to “F” and had the business operator registered in the name of the Defendant, thereby making it unclear the ownership relationship of tangible movable property, such as presses in the business site of “E”.

Accordingly, the defendant concealed property in collusion with B for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made in the suspect examination protocol concerning B by the prosecution;

1. Some statements concerning the suspect interrogation protocol of the police in relation to B (including the C's statement);

1. Statement made by the police against C;

1. Each judgment, execution clause, protocol of impossible execution by additional seizure, copy of each business registration certificate, copy of prepared document, appraisal statement, certified copy of real estate register;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 327 of the Criminal Act, Articles 327 and 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] where a person intentionally commits an act of negligence in the mitigated area (one month to eight months) (special mitigated person] of the mitigated area (one month to eight months), the amount of property concealed is not small, but the same kind of criminal record does not exist.

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