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(영문) 울산지방법원 2018.01.17 2017고단4025
강제집행면탈
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 16, 2015, the Defendant was a person operating a cafeteria “C” restaurant located in Ulsan-gu, Ulsan-gu, and the Defendant filed a lawsuit for the payment of the price of goods (31,755,750 won) from the building industry (5,750 won) from the U.S., a creditor company (U.S.) around July 16, 2015, and the Defendant was sentenced to the above lawsuit around October 16, 201, that “the Defendant shall pay the U.S. building industry 31,755,750 won and interest thereon, which may be provisionally executed.” The judgment became final and conclusive on November 5, 201 of the same year, and the victim D transferred the above claim as the title of execution, requested the seizure and collection order to enforce compulsory execution against the Defendant’s property, and received the above collection order as a debt and debt No. 31,31,000,00,000 won as the lessor and the lessor No. 316.

On March 7, 2016, the Defendant: (a) performed a lease agreement with the lessor E at the Southern-gu, Ulsan-gu, Seoul-do, to operate the said restaurant normally by compulsory execution in accordance with the above lawsuit, seizure, etc.; (b) changed the lessee to his/her her her her son Friend in order to avoid compulsory execution; and (c) changed the lessee to her son Friend.

9. 27. Gulsan Tax Office located in Ulsan Nam-gu Gungdong dry field changed the name of the operator of the above restaurant from F to F alone in the joint name of F, and made the credit card sales amount approved through the credit card terminal installed in the above restaurant to the above FF account (G).

Accordingly, the defendant concealed and falsely transferred the defendant's property for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A report on investigation (referring to the reorganization of the process of change in the name of the C business operator);

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1.Suspension of execution (the following):

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