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(영문) 창원지방법원 2013.05.15 2012고단3709
강제집행면탈
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

B Since September 22, 2009, he is a person who operates the “Eel” located in Kimhae-siD, Defendant A is the father of Defendant B, and creditor F is a person who acquired the ownership of the Maurel through a voluntary auction on August 3, 2010.

Defendant

B On August 12, 2010, a lawsuit was filed against F with the Changwon District Court for the confirmation of a lien, and on January 31, 2011, F filed a counterclaim against the said Defendant to seek the name of the above her building, thereby having a specific risk of being subject to compulsory execution.

In order to escape compulsory execution, the Defendants conspired with Defendant B to transfer the right to operate the said telecom, and even though there is no fact that Defendant B transferred the right to operate the said telecom, the Defendants prepared a contract for the transfer and acquisition of the right to operate the said telecomto in order to make the appearance identical to A, and changed the name of the above telecomto “B” from “B” to “A” and “B” at the H sub-branch located in G at Kimhae-si on May 8, 2012, and changed the name of the above telecomto “A” from “A” to “A” on May 11, 2012.

As a result, the Defendants conspired to transfer the right of possession to the above cartels by means of false transfer, etc. of the right of possession to the above cartels in order to evade compulsory execution, and thereby, the Defendants had caused the above creditors by falsely transferring the right of possession to the above cartels by means of false transfer of the right of possession to the above cartels.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Legal statement of witness F;

1. Some statements in the police interrogation protocol against Defendant A

1. The police statement concerning F;

1. Full certificate of the registered matters of a building, judgment, protocol of real estate transfer or takeover, each transfer or takeover contract, each business registration certificate, each business registration certificate, each report on succession to the status of each business operator, each report on correction of business registration, and text messages

1.Each investigation report.

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