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(영문) 춘천지방법원 2014.08.14 2014고단503
강제집행면탈
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an auditor of C Co., Ltd. for the purpose of food, lodging, etc. and the president D who actually operated the said C, who operated the F cafeteria in Hongcheon-gun E with the only business entity of the Plaintiff Hongcheon-gun E.

The Defendant: (a) the Defendant: (b) caused the Victim G to install an amount equivalent to KRW 99,225,00 in the instant F cafeteria; and (c) did not pay it within the payment date; (d) the Defendant was awarded a favorable judgment by the Seoul Central District Court on October 22, 2013; and (e) on November 12, 2013, the Chuncheon District Court rendered a favorable decision, that C was subject to the order of seizure and collection of the claim against Samsung Card Co., Ltd. on the ground that C was subject to the said favorable decision, and accordingly, was likely to be subject to compulsory execution.

In order to evade compulsory execution, the Defendant had the victim not attach credit card sales claims of the above restaurant under the name of H by filing a new application under the name of H, for the purpose of evading compulsory execution. On November 15, 2013, the Defendant issued a new business registration certificate with the trade name “I” in the name of Hongcheon-gun, Hongcheon-gun, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-gu, Hongcheon-do. At that time, the Defendant received a new business registration certificate under the above H’s name. Around that time, the Defendant settled the food prices, etc. of customers who find the above F restaurant, and settled it with the card terminal in the name of I, other than the credit card terminal opened in the above C name, thereby doing so that the credit card sales claims of the above

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes on the petition of G production;

1. Relevant Article 327 of the Criminal Act concerning the facts constituting an offense and Article 327 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, is punished by imprisonment for six months for occupational embezzlement in 2008.

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