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(영문) 수원지방법원 안양지원 2014.02.28 2013고정848
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. In the case of the Seoul Northern District Court 201Gahap324, the Defendant sentenced C to the judgment ordering payment of KRW 218,891,639 and interest thereon, and received KRW 3,248,48,488, and immediately received the aforementioned payment account for February 7, 2013, on the following grounds: (a) on February 7, 2013, the Defendant was subject to seizure of the deposit claim based on the claim attachment and collection order; (b) on February 14, 2013, the payment account was changed over four times at the Busan District Court located in Jung-gu, Seoul; and (c) on February 21, 2013, the Defendant changed the payment account to the payment account for the said Busan Bank’s benefit account at the Busan District Bank located in the Nam-dong branch in Yongsan-gu, Seoul; and (d) changed the deposit account at the Namdong branch in Yongsan-gu, Seoul Metropolitan Government to the payment account for the said payment account.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution.

2. Upon C’s request on March 14, 2013 to suspend payment to the Defendant’s above bank benefit account (D) at the Nam-dong Branch of the Nonghyup Bank, the Seoul Northern District Court rendered a request on March 29, 2013, for the purpose of evading compulsory execution against the Defendant’s wage account in March 3, 201 to obtain a seizure and collection order against the Defendant’s wage account pursuant to the above Seoul Northern District Court Decision 201Gahap324, the Defendant immediately withdrawn it after receiving the above benefit on March 29, 2013 through the new bank account (E).

Accordingly, the defendant concealed property for the purpose of evading compulsory execution.

Summary of Evidence

1. The defendant's legal statement to the effect that cash has been withdrawn from the NongHyup Bank and a single bank account as stated on each date and time;

1. Each police statement of C;

1. Application of statutes governing a collection order, such as seizure and collection order, 2012 other bonds 8251;

1. Relevant Articles of the Criminal Act and Articles 327 (Punishment of Fine)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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