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Defendant
A Imprisonment for 6 months, Defendant B shall be punished by a fine of 3,000,000 won, respectively.
However, the defendant A.
Reasons
Punishment of the crime
1. Defendant A
A. The Defendant evaded compulsory execution from Oct. 1, 201 to Oct. 1, 201, while operating the E-type store located in Dong-gu Incheon Metropolitan City D and 104, the Defendant was supplied with food materials and goods equivalent to KRW 39,981,982 at the market price from the victim F, and the victim was unable to pay the purchase price. The Defendant filed a lawsuit against the Defendant with the Incheon District Court to enforce compulsory execution on the Defendant’s credit card sales claim upon winning a favorable judgment on February 12, 2016, and was anticipated, the Defendant established B Co., Ltd. around July 7, 2016 for the purpose of avoiding the seizure and collection of the claim, and opened the agricultural bank account (G) in the name of the Plaintiff, and received the money from the said No. 39,981,982 from Aug. 23, 2016 to Sept. 26, 2017.
Accordingly, in order to escape compulsory execution, the Defendant concealed property by changing credit card sales claims of the above main point to B’s sales claims.
(b) No credit card merchant in violation of the Act on Specialized Credit Financial Business shall conduct any transaction by credit cards in the name of another credit card merchant, nor lend the name of a credit card merchant to any third party;
Nevertheless, around 20:55 on June 24, 2017, the Defendant traded credit cards in the name of “B (business registration number I)” rather than in the name of “E (business registration number H)” which is a credit card merchant, in receiving 98,000 won of the food price at E stores, a credit card merchant, a credit card merchant.
In this respect, the Defendant used the name of another credit card merchant to make a transaction by credit card and at the same time lent the name of the credit card merchant to another person.
2. Defendant B is a juristic person established for the purpose of food accommodation, bakeries, etc.
The defendant is a representative.