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Defendant
A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A and Defendant B were married parties, and around January 17, 2014, Defendant A leased the F5th floor from the Republic of Korea, Inc., Ltd. to October 30, 2015. However, on February 18, 2014, the victim sent to Defendant A a certificate of contents on the termination of the contract and the delivery of real estate on the grounds of unpaid monthly rent and management expenses, and on February 19, 2014, the Defendant was expected to file a lawsuit claiming real estate name from the victim after receiving it, and was in a way to make it impossible to execute the contract by making Defendant B as a co-owner of the said F5th floor.
Therefore, on March 10, 2014, the Defendants conspired to register the name “H” in the name of Defendant A and Defendant B with Defendant B, and on November 1, 2014, Defendant A registered “I iceel” as joint business place as if Defendant A operated jointly with Defendant B, and on May 29, 2015, Defendant A evaded compulsory execution by clarifying the possession relation with the F5th leased by the victim, such as cancelling the registration of the said I ice, and closing the business.
According to the evidence as seen earlier and the progress of the impossibility of compulsory execution, etc., the business registration for the entire five floors under the name of H on March 2014 was made, and Defendant B was registered as a joint business proprietor of the Iiceel on November 2014 and changed the name of business registration on May 2015, 2015 constitutes the false transfer or concealment of possessory right of the crime of evading compulsory execution, and the Defendants’ conspiracy and intent to evade compulsory execution are also acknowledged.
For the crime of evading compulsory execution, the term “covering property” means to make a person executing compulsory execution impossible or difficult to detect any property, and it is different after the closure of business is reported in order to make the ownership of the property unknown.