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(영문) 서울중앙지방법원 2013.06.25 2012고정5447
강제집행면탈
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant served as the representative director of D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) with the purpose of environmentally preserved petroleum substitute energy, production, sale, etc. using biological materials.

피고인과 피고인 회사는 2010. 7. 2.경 서울중앙지방법원으로부터 연대하여 피해자인 주식회사 메이저에이젼시네트웍스(이하 ‘피해자 회사’라 한다)에게 4억 5,000만 원의 대여원리금을 상환하라는 강제조정 결정을 받아 그 무렵 위 결정이 확정되었고, 그 이후부터 피해자 회사의 피고인 회사 및 피고인의 재산에 대한 강제집행 절차가 이루어졌다.

On December 3, 2010, after the court's decision to discontinue rehabilitation procedures for the defendant company became final and conclusive on December 3, 2010, the defendant decided that the defendant company should be exempted from the book value of 2,944,520 won, which is the only property value remaining in the defendant company, in a way that the defendant company will transfer the industrial property rights in the name of the defendant's wife.

around October 20, 2011, the Defendant prepared false documents as if the Defendant Company transferred three kinds of patent rights, such as “G (application number: H), I (application number: J), and K (application number: L)”, which are industrial property rights owned by the Defendant Company, to the Defendant Company F, and submitted documents to the Korean Intellectual Property Office at around that time, and had three categories of patent rights registered in the entirety of the rights as if the said patent rights were transferred to F.

Accordingly, the defendant, for the purpose of evading compulsory execution on the property of the defendant company of the victim company, has harmed the victim company as the creditor by falsely transferring or concealing the property owned by the defendant company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Of the police suspect interrogation protocol against the defendant.

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