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(영문) 의정부지방법원 2015.06.09 2014고단4717
강제집행면탈
Text

Defendants are acquitted.

Reasons

1. The summary of the facts charged was purchased from around 2000, and imported and operated domestically, and actually established and operated F on January 16, 2007, and Defendant B had been in charge of customs clearance, building, and sales of the trends imported by Defendant A as the representative director from the time when F was established.

From March 16, 2007 to December 2, 2008 of the same year, the Defendants agreed to supply the victim G corporeal movables with freezing, drying, or drying drilling, and imported the heavy domestic trend with the said money in advance and supplied it to the victim by December 21, 2007, with a cumulative high weight amount not supplied until December 21, 2007, in an amount equal to KRW 480 million in total, and did not supply the said corporeal movables with an advance payment, but did not supply the corporeal movables. As a result, the Defendants were to bear the liability of compensation for damages equivalent to KRW 975 million in total, or the liability of compensation for damages at the same amount, so that it would be subject to compulsory execution against corporeal movables, such as machinery owned by Pyeongtaek-si HF on the same site as the above corporeal movables owner of machinery, and subsequently dismissed the above corporeal movables with the Defendant’s previous construction site for the purpose of evasion of enforcement.

2. Determination

A. The crime of evading compulsory execution stipulated in Article 327 of the Criminal Act is a dangerous crime and is enforced or enforced in accordance with the Civil Procedure Act.

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