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(영문) 부산지방법원 2015.01.08 2014고단6314
강제집행면탈
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On December 6, 2013, the Busan District Court sentenced two years of suspension of the execution of imprisonment for perjury to 10 months, which became final and conclusive on December 14, 2013.

Defendant

A is a person who opened a “Hxxx” to F on January 19, 2010 while operating the “Exxx” in Busan-gu D, and operated it from that time on December 7, 201.

Defendant

A around that time, following the above F’s failure to open and operate the Hexxx, and the above Hxxxx was transferred to Defendant B on December 17, 201, the name of the business operator was changed to Defendant B around December 22, 201.

Accordingly, on January 20, 2012, the above F filed a lawsuit against the Defendant A, etc. against the Busan District Court (Case No. 2012Gahap7161, Busan District Court), and on December 13, 2012, the said lawsuit was sentenced to the judgment to the effect that “Defendant A shall continue to engage in, or not lease, transfer, or otherwise dispose of, the said business on the G ground of the Busan District District Court by January 18, 2012.” In the event of breach of the above obligation, the said judgment was rendered to the effect that “A shall pay a certain amount of money.”

At that time, the Defendants had the mind to register the said Hxx in the name of another person in order to avoid the possibility of being subject to compulsory execution from the said F by the said lawsuit, etc.

The Defendants, around May 2013, prepare a sales contract with the following: (a) around 2013: (b) around 2013, the Defendants would transfer the said Hexx to I at the same coffee shop near the Hexat at the price of KRW 150 million; and (c) prepare a sales contract with the Defendants.

6.1. The name of its business operator was changed to I.

However, in fact, the actual operator of the above Hxxx is the defendant A, and the defendant A did not transfer the above Hxxxx to the defendant B or the above I.

As a result, the Defendants conspired to avoid compulsory execution, such as changing the name of the said HCT in the name of Defendant I.

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