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(영문) 춘천지방법원 2018.05.29 2018고정26
강제집행면탈
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant borrowed around 15,00,000,000 won from C in 2014 and did not pay the remainder of KRW 11,00,000.

Accordingly, the above C requested the Defendant to pay the above principal and the remaining interest to the Defendant in 2015 and applied for the payment order against the Defendant in Chuncheon District Court 2015 tea 609, and the payment order accordingly was served on or around July 22, 2015, and the above payment order was finalized on or around August 6, 2015.

The Defendant, who is likely to be subject to compulsory execution by the creditor C, decided to transfer the name of the operator of the “E restaurant” operated from October 11, 2013 to F in a de facto marital relationship. On August 7, 2015, the Defendant changed the name of the operator of the “E restaurant” to F, and subsequently, on August 13, 2015, changed the name of the operator of the “E restaurant” to F.

Accordingly, the defendant concealed the defendant's property in order to escape compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Statement made by the police against some of the defendant;

1. Statement by the police in relation to C and G;

1. Certification of payment order, each business registration certificate, or closure of business;

1. Written amendment (2015 Session 16963), certificate of employment (Evidence No. 7), and certificate;

1. Data related to personal rehabilitation of the F;

1. H A deposit transaction statement under the name of H, a statement of KJ withdrawal under the name of F, a statement of K bank withdrawal under the name of the Defendant, a criminal investigation report (the details of K bank entry and departure transaction data), an investigation report (the details of the account deposited from K bank to I), a transaction report (the transaction details between others in the K bank account transaction) and an investigation report (the details of the card size change) [the Defendant and the defense counsel leased the money originally prepared by F. The restaurant in the judgment was leased to F, and the name of the business operator was changed to F after the registration of the business operator under the name of the Defendant due to bad credit of F.

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