logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2014.05.09 2014고정245
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The Defendant is a person who operated the “D History” located in the Gangnam-gu Seoul Metropolitan Government, and the victim E is a person who leased and operated the above Shoeba shop, etc. from the Defendant.

Around October 2010, the Defendant and the victim agreed to cancel the right to collateral security in the name of the victim on the above sacrife or building, and the Defendant returned the deposit to the victim until February 28, 2011.

However, on December 21, 2012, the Defendant did not pay the leased deposit to the victim until the date stipulated in the above agreement, and the victim requested the Seoul Northern District Court to order the seizure and collection of the claim amounting to KRW 160 million against the Defendant. On January 8, 2013, the Defendant received the seizure and collection order of the claim against the credit card company, such as Samsung Card Co., Ltd. through the above friendship or business.

When the victim’s compulsory execution procedure was carried out as above, the Defendant changed the name of the business operator of the above private letter or the name of the business operator of the above private letter or the name of the cash register business operator of the above private letter or the name of the F, one’s own household, and made it impossible for the Defendant to execute the order of seizure and collection.

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. Each police statement of E and F;

1. A copy of a notarial deed;

1. Application of Acts and subordinate statutes to a collection order and seizure;

1. Article 327 of the Criminal Act and Article 327 of the same Act concerning the crime, selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow