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(영문) 울산지방법원 2016.07.22 2016고단1197
강제집행면탈
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, in Busan Jin-gu B 2204, was all Co., Ltd. E in 601 of the D building in Busan-gu B 2204.

The victim FF's claim for return of unjust profits is the claim, and the third debtor is the National Bank of Korea, the National Bank of Korea and the provisional seizure object are the deposit claim against the National Bank of C, and the provisional seizure order was issued on October 26, 2015.

The defendant was in a deposit account in the name of a national bank C in order to escape from compulsory execution on the same day.

68,239,290 won was concealed by the Defendant’s transfer of all of the 68,290 won to the Defendant’s bank account in this G G name to the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes concerning the submission of financial transaction information to a full certificate of each registered matter, decision on provisional seizure of claims, third debtor's statement, and submission order;

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (Interference with Exercise of Rights) [Special Sentencing) mitigated element: There is no aggravated element of punishment (including serious efforts to recover damage, and a decision to recommend reconciliation in the relevant civil litigation with victims) (general sentencing factors): there is no aggravated element of punishment (general person subject to sentencing): there is no serious aggravated element of punishment: (a) imprisonment with prison labor for one month to eight months (limited to the scope of recommendation) (limited to the scope of suspension of execution), and there is no substantial reason for positive consideration: (including serious efforts to recover damage) - There is no criminal record of more than serious reflection, deposit of money, or suspension of execution than a substantial amount of punishment:

2. Additional considerations shall be given to the subject and amount of evasion of compulsory execution;

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