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(영문) 서울중앙지방법원 2016.07.20 2015고단6017
강제집행면탈
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant as the representative director with interest on the ownership of G Co., Ltd., a single company, who is the victim H, and KRW 20 million on July 2, 2009 and the same year.

8. On October 8, 2009, when the injured party demanded payment by borrowing KRW 300 million per annum and interest 12% per annum, and by failing to repay the loan, the injured party sent a certificate of the purport that he/she would take civil and criminal legal measures if he/she did not repay the loan over three occasions, including July 1, 2010, and July 12, 2010, and the accused did not receive the above mail and did not repay the loan.

The Defendant shall reach KRW 40,00,000 won in the value of actual assets owned by the Defendant for the purpose of evading compulsory execution against a person who is likely to suffer damage in the past (i.e., a total of KRW 27,99,197,435 on December 31, 2010, the appraised value of July 7, 201 is KRW 48.24,574,00, and the net assets after deducting liabilities as of December 31, 201 are KRW 11.526,078,945) of the total shares of the said G company (the face value of KRW 5,00 per share is KRW 5,00) by moving into the building of Gangdong-gu Seoul, Seoul, which was the ownership of the said company, and thereafter take the form of compulsory execution against the Defendant’s spouse by means of a false transfer to the victim.

G alleged that all companies have been transferred, and intended to evade compulsory execution.

On October 19, 2010, the Defendant entered into a contract for acquisition of shares (sale) with a brief statement that the Defendant transfers 40,000 shares of the said company owned by the Defendant to K, totaling KRW 200,000,00,000,000, without undergoing any discussion or consultation on matters to be taken at the time of the actual sale and purchase contract, such as methods of calculating or paying the sales value of the said G company with the actual asset value of KRW 31,00,000,000,000,000,000,000,000,000,000 won.

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