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(영문) 서울동부지방법원 2013.05.07 2012고정2315
강제집행면탈
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

G is the director of the division of the J's accounting as H's wife, which is operated by H and I, and Defendant B is the business director of the above company, and Defendant A is the above H's division.

The Defendants were aware that the above J did not pay KRW 235,00,646 of the price for the clothes and clothing supplied by the victim K, L, M, and N until the due date for payment, and thus, did not know that it would be subject to compulsory execution due to the victims’ demand and compulsory execution notification.

The Defendants conspired with the above G, H, and I on November 3, 2010, and thereby, as the representative director of the Defendant A, and as the auditor of Defendant B, newly incorporated the “P” company with Defendant B as the “P” company in Nam-si, Namyang-si. On November 11, 2010, the Defendants transferred goods, such as clothes, owned by JJ, to the said P company by falsity.

Accordingly, the Defendants, in collusion with G, H and I, transferred property with the intent to escape from compulsory execution, thereby doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial testimony of the witness H (Defendant 3)

1. Statement made by a witness I in the second protocol of the trial;

1. Statement of L, N and M in the third protocol of trial;

1. Partial statement of witness G in the third protocol of trial;

1. Application of each certified transcript of corporate register, each acquisition agreement, and Ameratization Acts and subordinate statutes;

1. Relevant Articles 327 and 30 of the Criminal Act and the choice of punishment (hereinafter the same shall apply) concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendants and each defense counsel on the grounds of conviction under Article 334(1) of the Criminal Procedure Act of the provisional payment order denies the conspiracy in this court.

In addition to each of the above evidence, it was impossible for directors, auditors, and I to establish the PP without the public invitation of the Defendants, as follows, and the K and I shall not set up part of the total stock quantity in November 11, 2010.

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