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(영문) 부산지방법원 2017.02.02 2016고정3465
강제집행면탈
Text

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

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

Reasons

Punishment of the crime

The defendant is the person who was the chairperson of the C market prosperity conference, and the victim D was an employee of C market prosperity conference, an incorporated association, and is a person who has a retirement allowance claim against the C market prosperity.

On March 21, 2014, the Defendant, an incorporated association, filed a lawsuit demanding payment of KRW 86,429,200 of retirement pay from the injured party to the C market prosperity Association (the Busan District Court Decision 2014GaGa21362) and deposited the said amount by opening an account in the name of the Defendant and the victim’s joint bank account (E,F, G) at the National Bank located in the Busan City’s Do Do Y-dong, Busan, in order to escape from the possibility of being subject to compulsory execution. On August 21, 2014, the Defendant withdrawn KRW 113,438,458 in the said account by cancelling the national bank account in the name of the Defendant and the victim’s joint bank account (E,F, and G).

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each national bank account;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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