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(영문) 서울남부지방법원 2016.01.22 2015고단2549
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of F Co., Ltd. (hereinafter referred to as “F”), and Defendant B is the actual operator of F.

F was ordered on October 8, 2013 to pay KRW 48,970,680 to the victim H of G operation because it did not pay the work price for I’s next-way coloring work to H, thereby being paid to the victim at the Seoyang-si District Court of Jungyang-si.

The Defendants conspired to transfer F patent rights owned to Defendant B, and attempted to avoid compulsory execution by concealing the project parts of F’s production, wholesale retail, information and communications construction business, etc., such as division and merger with J Co., Ltd.

On December 31, 2013, the Defendants entered into a contract for division and merger of F’s business parts, such as manufacturing, wholesale and retail, and information and communications construction business, with J Co., Ltd., and completed registration thereof on May 20, 2014. On April 7, 2014, the Defendants transferred F’s patent right (patent number K, L, M, N) to Defendant B at a non-place.

As a result, the Defendants concealed property for the purpose of evading compulsory execution, thereby damaging the creditor as the creditor.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement of the police statement related to G;

1. Written recommendations for compromise;

1. The Patent Registration Register;

1. A certified copy of J registry; and

1. Contract for construction works;

1. Statement that it is impossible to execute a seizure of tangible movables;

1. Application for seizure order, such as patent rights, or the Patent Registration Register;

1. Materials concerning the request for the seizure and collection order of the bonds;

1. Standard subcontract agreement for construction business;

1. Original copy of a process deed (as regards a merger, other J acceptance);

1. A certified copy of the register of multilateral Scene Corporation;

1. Certified copy of the registry of F corporation;

1. Registered patent bulletin;

1. Application of Acts and subordinate statutes to certified copies of the register of J corporation;

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: The Defendants of the choice of punishment shall be punished by imprisonment with prison labor as a whole under Articles 327 and 30 of the Criminal Act;

1. Defendants: The reasons for sentencing under Article 62(1) of the Criminal Act are as follows. Defendant B agreed with the victim.

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