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(영문) 수원지방법원 2018.08.14 2018고단790
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 2014, the Defendant operated a golf product store with the trade name “D” in Sungnam-si, Sungnam-si.

On November 2016, the Defendant was liable for the outstanding amount of KRW 150,677,208 due to the failure to pay the outstanding amount from the creditor F Co., Ltd. to July 14, 2017 while selling golf products by receiving the supply of golf products from E from the creditor F Co., Ltd.

In addition, around July 7, 2017, the defendant visited the KF office in Seocho-gu Seoul Metropolitan Government, to take legal measures, such as provisional seizure, from E, around July 7, 2017. Since the plan for the establishment of additional security was prepared, the creditor was sufficiently expected to enforce compulsory execution against the foregoing movable property, such as golf products.

Nevertheless, in order to escape from compulsory execution on July 16, 2017, the Defendant transferred corporeal movables, such as golf appliances, which were kept in custody in the above D, to K1-56 freight partitions in light of light name, in the indictment of a non-permanent place.

However, according to the evidence of this case, the defendant's moving of corporeal movables to the above cargo partitions is around July 30, 2017, and around July 16, 2017, it can be recognized that the corporeal movables were moved to a non-place. Thus, it is recognized as such.

The creditor was concealed in the manner of moving to another country, and the creditor was harmed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Each police statement made to I and J;

1. 각 등기사항 전부 증명서, 사업자등록증, 위탁판매 계약서, 유체 동산 가압류 결정문, 대법원 사건 진행내용 스크린 샷 프린트 물, 채권 가압류 결정문, ㈜D 추가 담보 설정 계획서, ㈜D 매장 내 사진, 거래 원장, 현장사진( ㈜D), 피의자 제출 사진( 골프용품 보관 사진), ㈜D 원장 내역서, ㈜D 반품 리스트( 자사/ 타사 회수), 미 정산 내역서, 현장사진 (K 보관 창고 방문)

1.Report of internal investigation (in relation to telephone communications with D buildings), internal investigation report (in relation to telephone communications with D buildings);

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