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(영문) 서울중앙지방법원 2015.03.06 2014고단8609
강제집행면탈
Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by a fine of 5,00,000 won, respectively.

Defendant

B and C shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A The actual operator of G Co., Ltd. (hereinafter referred to as “G”), Defendant B’s director, and Defendant C are those who have overall control over the financial transactions of new banks and G as the site location of the H branch of the new bank (hereinafter referred to as “new bank”).

G From Jun. 27, 2006 to Oct. 30, 2009, G offered 2.1 million shares of G to Busan Mutual Savings Bank (hereinafter “ Busan Mutual Savings Bank”) as collateral, and loaned 1.5.666 billion won from Jun. 18, 2010 to Jan. 30, 201, but it did not repay a loan of 10.49 billion won from Jun. 18, 2010 to Jan. 30, 201, Busan Mutual Savings Bank, a creditor of G, applied for a provisional attachment of a new bank, a bank, a bank of G, as a third debtor, to the Seoul Southern District Court on March 27, 2012, including a new deposit deposit account in the name of the Seoul District Court (2012Kadan309, Apr. 10, 2012) and a new deposit account, etc., which will be deposited in the future.

Accordingly, Defendant A and Defendant B concluded a product supply contract with a foreign trading office (I.J., etc.) and designated the supply price to be deposited in the above foreign currency deposit account. As to future claims that may arise in continuous transactional relationship, the above provisional seizure cannot be withdrawn. Defendant A and Defendant B, in collusion with Defendant C, opened a foreign currency deposit account in the name of the new bank G, changed the money transferred from the foreign trading office to a new account, and deposited the money into the new account and exempted the compulsory execution by withdrawing the money.

Defendants, around April 18, 2012, opened a new foreign currency deposit account in the name of G in the new bank.

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