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(영문) 전주지방법원 군산지원 2017.09.20 2017고정87
강제집행면탈
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married couples, and Defendant A was a person who registered in the name of “E”, which is the cosmetics and direction retail store that the Defendants actually operated from October 1, 2002 to September 30, 2015.

The Defendants, while operating the above E, did not pay the price for the goods supplied to the credit from the F in the credit rating company, and caused the said company to be subject to compulsory execution on September 1, 2015, the Defendants filed a lawsuit for claiming the price for goods with the Daejeon District Court Branch of the Daejeon District Court (No. 2015 group 14682) and received a copy of the complaint on September 7, 2015.

On October 1, 2015, Defendants conspired and concealed tangible movables, such as cosmetics, office fixtures and fixtures, which were in custody in the above E with the aim of evading compulsory execution by changing a person under the name of the above E’s business registration certificate from Defendant A to Defendant B.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each police interrogation protocol against D or A (including the part concerning the statement of G or H);

1. Statement of the police statement related to G;

1. A report concerning judgment, execution clause, certificate of delivery, customer's ledger, or impossible to execute a seizure of tangible or intangible movables;

1. Certification Board for Business Registration, and Certification Board for Business Closure;

1. Application of the Acts and subordinate statutes to goods photographs and authentic books;

1. Relevant Articles 327 and 30 of the Criminal Act and the choice of punishment for the crime (the Defendants)

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 334(1) of the Criminal Procedure Act

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