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수원지방법원 안산지원 2019.02.19 2018고단2272
강제집행면탈
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on January 25, 2018.

The Defendant, as a person who operated the former C, and hereinafter “B”), was liable for the construction cost of KRW 188,000,000 for the victim D, who is the sewage supplier, as the Defendant.

The Defendant was preparing simplified rehabilitation procedures in excess of 2.7 billion won in total, while proceeding with the construction of a newly built multi-household on the land outside the Y-gu, Ansan-si and one parcel of land, and there was a specific risk of being subject to compulsory execution, such as provisional attachment of the assets, if additional assets occur in the name of the company due to the failure to pay the construction cost to the subcontractors such as the victim D and F and G, etc.

In this situation, around June 30, 2016, the Defendant: (a) on behalf of B, on behalf of B, received the said multi-household house I and J from the owner of the building as payment for the construction cost of the said new multi-household house; and (b) promptly sell or lease the said multi-household house to a third party without the transfer of ownership in the name of B; and (c) requested K to “B’s account shall not be used as a provisional attachment of bonds, etc.; (d) the transfer is made by proxy while managing the sales fund; and (e) K accepted this.

On July 5, 2016, the Defendant sold the above No. I to K and completed the registration of ownership transfer in the future, and then deposited KRW 162.5 million out of the purchase price into the L Union account (Account Number: M) in the name of K at that time, and K under the direction of the Defendant while managing the above account, and immediately concealed the purchase price, which is the debtor’s property, by immediately disbursing the company’s funds, the defendant’s attorney’s attorney’s fees, and the cost of repair of defects, etc. from the relevant account.

The defendant does not sell the above J to N, but transfers the above J to K in the name of N.