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(영문) 서울중앙지방법원 2018.01.24 2017고정3776
강제집행면탈
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 15, 2017, when the Seoul Central District Court rendered a provisional attachment of claims against the credit card sales claims of the said marina on June 15, 2017 due to the victim’s application, the Defendant, as a person operating the “CMa” on the Seocho-gu Seoul Seocho-gu Seoul floor, was unable to pay a sum of KRW 65,432,00,00, such as rents, etc., and was willing to avoid compulsory execution by concealing the assets by means of settling the sales of the fee using a portable credit card terminal operated by the Defendant’s mother, and was on June 20, 2017, the Defendant exempted compulsory execution by concealing KRW 9,325,570 in total by having the said portable credit card terminal installed at the said business around June 20, 2017, and then by having the victim settle the sales of the fee of the marina goods using the said portable credit card terminal from the 27th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Statement made by the police against D;

1. Data on the details of deposits and withdrawals by national banks;

1. Application of investigation reports (Submission of suspect card sales data), and data on records of card sales to Acts and subordinate statutes;

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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