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(영문) 의정부지방법원 2015.12.08 2015고단573
강제집행면탈
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

【Defendant B’s criminal records” is a period of suspension of execution that was sentenced to two years of suspension of execution on September 4, 2014 by the District Court of Jung-gu on July 17, 2013 for the crime of invalidation of indication of official duties, and the judgment becomes final and conclusive on September 4, 2014.

[Defendant A] When the rent was overdue due to the lease of the first floor of the building in both weeks from creditor D, the injured party D, and the sales business of used goods with the trade name "F", the injured party D was subject to a provisional disposition against Defendant A on April 5, 201 on the prohibition of possession or transfer of real estate as the right to preserve the property. On August 201, 201, Defendant A filed a claim for the payment of rent and the lawsuit for the name of the building with respect to the police officer's request for the payment of rent and the name of the building. On November 29, 2011, at the Jung-gu District Court of the Republic of Korea, Defendant A prepared a protocol of mediation with the content of the order to order the injured party D's rent of KRW 20 million and the name of the building in arrears.

Since then, when Defendant A was unable to implement the above mediation contents, the victim D had the above mediation protocol attached goods, such as television, laundry, and cooling, which had been in the above F shop on March 20, 2012.

On the other hand, around September 30, 201, the creditor G, the victim, filed a lawsuit against the defendant Eul with the Seoul Northern District Court for a loan claim against the defendant Eul, and the court rendered a judgment that the defendant Eul would pay 103,80,000 won to the victim G around April 12, 2012. On the other hand, around March 29, 2012, prior to receiving the above decision, provisional attachment was made on the goods such as sterilization, drying, electric divers, etc. in the above F store.

As such, when there was a concern for the victims to be forced to enforce compulsory execution, Defendant A conspired to evade compulsory execution by transferring the said F shop to Defendant B, who is an employee, by false or concealed it.

1. The Defendants committed the first crime shall, according to the foregoing mother’s intent, transfer the said F store to H at the place of influence around February 25, 2012.

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