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(영문) 광주지방법원 순천지원 2018.09.20 2018고단191
강제집행면탈
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the representative of C (hereinafter “C”) in 1,00, is a person who operates a gas station in the name of D gas station at the above address, and the victim limited company E is a corporation that engages in oil trade in F at the time of leisure.

From September 8, 2012 to February 28, 2017, the Defendant received a total of KRW 24,498,612,00 from the damaged party at the above gas station. However, the victim failed to pay approximately KRW 370,102,00, which is a part of the oil price, and the victim filed a lawsuit against C on March 4, 2017. around March 6, 2017, C filed an application for provisional attachment of up to KRW 50,000,000 with regard to each credit card sales claim held by G and H stock company, and completed the above provisional attachment of up to KRW 50,00,00,000 with regard to the credit card sales claim under the name of G and H stock company, and prepared a false attachment of the above property under the name of the victim, such as obtaining the provisional attachment order, from the Gwangju District Court around March 13, 2017.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes governing a complaint, civil case, and decision of provisional seizure;

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

1. The records and records of this case, including the criminal records of the defendant, the method of the crime of this case, the degree of damage to the victim and its recovery, the circumstances after the crime, the health conditions of the defendant, etc., on the grounds of sentencing under Article 62(1) of the Criminal Act.

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