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(영문) 수원지방법원 2017.11.23 2016고단8389
강제집행면탈
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is the founder and actual operator of E after childbirth, Co., Ltd. (hereinafter “after childbirth”). Defendant A is the branch of Defendant B, Defendant F is the construction company that operated G, which is the branch of Defendant B, and the above G was the part of the operation of the post childbirth since early 2014, and the victim H and Defendant I are the creditors of the post secretariat of this case.

On or around April 23, 2015, the above I won the lawsuit claiming management expenses against the late delivery cook of the instant case. On June 30, 2015, the attachment was made against the tangible property owned by the late delivery cooking of the instant case. The victim H won won the lawsuit claiming the delivery of the building and the damages against the late delivery cook of the instant case on or around July 9, 2015.

Defendant

B actively disputed the facts in connection with the instant lawsuit with the victim H, but lost in the civil lawsuit around July 2015, and as seen above, the victim H, the obligee, attempted to seize the instant corporeal movable property from the Defendant, and the facts were personally lent from A around August 201, 201, KRW 30 million,000,000,000 around October 201, and KRW 30,000,000,000,000 to A, and there was no other debt worth KRW 2.50,000,000,000 to A, the Defendant conspired to evade the victim’s compulsory execution.

As such, on July 23, 2015, the Defendants prepared a promissory note suggesting the Defendant A to have a debt equivalent to KRW 250 million in the amount of KRW 250,000,000 from the law firm K in Sung-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul. In other words, the Defendants conspired to perform a false debt by preparing a fair deed on the basis thereof.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness H;

1. The protocol concerning the interrogation of suspect by each part of the prosecution against the Defendants (including the questioning of the Defendants)

1. Distribution schedule and confirmation personnel of the amount in arrears;

1. Investigation Report (Co., Ltd. F and E.)

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