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(영문) 인천지방법원 2018.10.25 2018고정2262
강제집행면탈
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The victim B purchased non-performing loans held by Defendant A, Defendant C, D, and Dongdong Union for investment, and conducted an auction on the commercial building located in Seo-gu Incheon, Seo-gu, Incheon, a collateral security for the claim that does not have been recovered. The debtor including the Defendant, etc., including the Defendant, has extended the auction date until January 31, 2018, extended the auction date to the victim until April 30, 2018, and issued a promissory note at KRW 2.7 billion as of November 7, 2017 on the date of payment for down payment and interest payment as of January 31, 2018, but the debtor including the Defendant et al. failed to implement the above agreement.

On February 13, 2018, the victim was determined to attach and collect the claims against each credit card company arising from H located in the Nam-gu Incheon Metropolitan City operated by Defendant A, because the change in the terms of KRW 200 million of the issued promissory note was not implemented.

On March 15, 2018, the Defendant: (a) concealed Defendant’s sales claims into I’s sales claims by changing the name of the business entity of the business entity in the name of his/her father, thereby evading compulsory execution by the victim who seized Defendant’s sales claims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B and J;

1. Application of Acts and subordinate statutes to the certified copy of each real estate registry, such as a letter, determination of a seizure and collection order, copy of passbook, basic information, card sales slip, inquiry of business closure, field photo, process certificate, and certified copy of each real estate registry;

1. Relevant Article 327 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects the facts charged, the defendant does not have the same criminal record and does not have any criminal record exceeding the fine, and the victim does not want the punishment of the defendant.

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