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(영문) 대구지방법원 영덕지원 2013.04.03 2012고단236
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2011, the Defendant was a person who works for a fishing village fraternity as the head of the C fishing village fraternity, and was brought a civil suit to pay a sum of KRW 42,99,99,96 from the victim D, E, F, G, H, and I on April 27, 201, the Defendant had the said C fishing village fraternity undergo compulsory execution, and had the C fishing village fraternityJ open a fisheries cooperative account on the part of the Defendant using C fishing village fraternity, and had the said C fishing village fraternityJ opened a fisheries cooperative account and got the passbook opened on April 4, 2012.

Since then, on April 16, 2012, the Defendant, in order to evade compulsory execution, remitted KRW 10 million,00,000,000 from the Young-gu District Livestock Council in the name of the Defendant to the Suduk-gu District Livestock Council in the name of the Defendant (K). The Defendant, in the name of the Defendant, wired the amount of KRW 10,00,000 from the Sudon account

5. Around 21.21. Around the same day, a sum of KRW 9 million was withdrawn from the Suhyup Bank’s account under the Defendant’s name in cash, and the said KRW 9 million was deposited into the Suhyup Bank account under the J’s name.

Accordingly, the defendant concealed property in order to escape compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement made to D or J;

1. Application of the Acts and subordinate statutes in which the copy of the judgment 201Gadan882, the copy of the decision on seizure and assignment order of claims, the copy of the statement of transactions, the inquiry into the details of transactions, the copy of the business registration certificate, and the copy of each deposit passbook,

1. Article 327 of the Criminal Act applicable to the crimes and Article 327 of the Election of Imprisonment;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following conditions of sentencing)

1. The summary of the argument was that the Defendant remitted KRW 10 million to the deposit account in the name of J and deposited KRW 9 million in cash. However, this was aimed at securing the funds of fishing village fraternities and there was no purpose of evading compulsory execution.

2. The Defendant was investigated by the police and executed a civil suit against the C fishing village fraternity by six persons, including D, etc.

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