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(영문) 대법원 2013.03.14 2012도13851
강제집행면탈
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. The term “property” in the crime of evading compulsory execution under Article 327 of the Criminal Act includes not only movable and immovable property but also rights such as claims that can be subject to compulsory execution or preservative measures under the Civil Execution Act, and the term “harbor property” means that a person executing compulsory execution makes it impossible or difficult to detect a debtor’s property. It includes not only cases where the location of the property is unclear, but also cases where the ownership relation is unclear.

In addition, the crime of evading compulsory execution does not necessarily require the creditor to actually sustain a real loss and the creditor is likely to incur a loss.

(2) According to the reasoning of the judgment below on April 25, 2003, and Supreme Court Decision 2003Do3387 Decided October 9, 2003, etc.). 2. According to the reasoning of the judgment below, the court below determined as follows: (a) considering the following circumstances acknowledged by the evidence adopted by the court below, the court below determined as follows: (b) Eul, a creditor of the Defendant’s joint company C (hereinafter referred to as “C”), as the F Co., Ltd. (hereinafter referred to as “F”) designated the debtor C and the third debtor as the creditor of the Defendant’s joint company C and the third debtor as the F Co., Ltd. (hereinafter referred to as “C”); and (c) established on February 16, 2009 (hereinafter referred to as “G”), which was the same as C, and in fact, the Defendant was the actual operator of G; (d) the Defendant established D’s claim attachment and collection order against D, and, immediately after the collection order was issued, the Defendant’s act of compulsory execution against C property under the name with G.

In light of the above legal principles and records, the above judgment of the court below is just and acceptable, and there is a property in the crime of evading compulsory execution.

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