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(영문) 인천지방법원 2018.08.24 2018노517
강제집행면탈
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

(a)in accordance with the agreement of “C” and upon the request of “A” in accordance with the service agreement entered into by “C” (such as a consulting service agreement for partnership services, etc.), “B” shall be enforced, and for essential project costs, “B” may be executed on the sole request of “C”;

except that the time of enforcement shall be subject to paragraph 5 of this Article.

(5) After obtaining authorization for the establishment of a cooperative, an agency fee for business affairs may be disbursed to "A" and "C" at the request of "A" and "C", and prior to the authorization for the establishment of a cooperative, at least 20% of the total number of households of a cooperative member for whom the certificate referred to in paragraph (6) has been issued, may be disbursed as follows when recruiting union members:

1. Payment by proxy of the project cost of article 13, paragraph 4 of the project (including the proper funds already executed as the essential project cost of this section)

2. Payment of expenses for services on behalf of the cooperative before authorization for the establishment of the cooperative shall be made only within the following scope of expenses paid by the cooperative members drafted with a letter of consent to the execution of the fund ¡¿ Membership recruitment rate*: Provided, That the solicitation rate shall be maximum of 50% recognized by the time of authorization for the establishment of the cooperative, Article 13 of the Act on the Admission and Withdrawal of Membership Charges, which is deposited into the accounts of the cooperative members No.488, the contribution shall be used only

1. The situation concerning the purchase cost of the project site of this project, the project-related share, taxes and public charges, the refund of cooperative dues, the costs of civil petition for this project, the costs of administrative expenses incurred to “C” (including loans) incurred to “C” as the project cost essential for the project of this project, and the cost of administrative expenses paid to “C” as the repayment of the unique funds (including loans) incurred as the project cost essential for the project of this project, and the cost of business expenses paid as the agency fee for the project of this project (i.e., execution possible after receipt of the application for authorization of establishment of the association) (ii) the victim G Co., Ltd. of the victim G Co., Ltd. at the Incheon District Court 2016Ka 10859 (10859 (C) on April 14, 2016) to the non-foreign exchange bank account (the account number I; hereinafter “C”) in the name of the instant trust company.

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