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(영문) 서울남부지방법원 2014.11.27 2014고단3577
강제집행면탈
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the (ju) E in Gangseo-gu Seoul Metropolitan Government from August 27, 2009, who operated the company, and Defendant B is the person registered as a registration director of the F on November 14, 2012 while serving as the employee of (ju) E from December 24, 2009 to August 27, 2012.

G was sentenced to the Seoul Central District Court's judgment on January 16, 2013 that "(ju)E shall pay G damages amounting to approximately KRW 28.5 million, and interest in arrears, on December 24, 2009, due to an elevator fall for the transport of materials installed in the warehouse of the above company, and filed a claim against the (ju) E on May 13, 201."

On August 2012, the Defendants, due to the claim for damages against the said G G’s (State) E, were likely to be subject to compulsory execution of the property such as (State) lease deposit claims, vehicles, equipment such as factories and machinery, claims against the customer, etc., (State)F corporation was incorporated in the name of the Defendant B, and the Defendants were willing to evade compulsory execution by registering the business in the name of the Defendant B.

On November 14, 2012, the Defendants established Gangseo-gu Seoul Metropolitan Government H, the domicile of the said Note E, and completed the registration of the juristic person by establishing the corporation: (a) on November 29, 2012, the Defendants completed the business registration of the State F in the name of Defendant B; and (b) on November 29, 2012, ordered the employees of the E to be forced to enforce enforcement, the president is Defendant B; and (c) that Defendant A would not be required to transfer the business to Defendant B; and (d) opened and used the account of the community credit cooperatives under the name of the State F.

As a result, the Defendants conspired to avoid compulsory execution and concealed the property by making it unclear about the ownership of all the equipment such as (E) goods-price claim, lease deposit claim, factory machinery, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. The investigation report (the search and investigation);

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