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(영문) 서울중앙지방법원 2019.03.20 2017고단6587
강제집행면탈
Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. Defendant A of the facts charged of the instant case is the head of C, who died of his own as a result of the heart color on July 2, 2016, and Defendant B is C’s Cho Jong-si.

On May 4, 2016, the victim D had E Law Firm E working for the victim deposit KRW 286,80,000 into a corporate bank account in the name of C in order to conduct a real estate development project jointly with C.

On June 23, 2016, C prepared a written agreement and a bond acquisition contract to the effect that C transfers the remaining deposit amount to the victim without claiming any right to the remaining deposit amount for the settlement of claim and obligation between the victim and the victim.

On July 4, 2016, the victim filed a lawsuit against C’s heir seeking payment of KRW 185,524,009 (hereinafter “the balance of deposit”) of deposit in the corporate bank account in the name of C with the Seoul Central District Court on July 4, 2016, and filed an application for provisional attachment against C’s heir as the right to preserve the monetary claim.

On July 15, 2016, Defendants: (a) explained the details of the preparation of the above agreement and the agreement on the acquisition of claims between the victim and C; and (b) directly confirmed the relevant documents, etc., the Defendants were willing not to pay to the victim on the ground that the deposit balance is inherited property.

Accordingly, on July 15, 2016, Defendant A transferred the deposit balance to an enterprise bank account under his/her name, and the victim is likely to be subject to compulsory execution from the victim, such as requesting suspension of payment from the bank. On July 18, 2016, Defendant A withdrawn the deposit balance from the school Dong-dong, Gangnam-gu, Seoul Metropolitan Government Office of Enterprise Bank and concealed it in an unsound place.

As a result, the Defendants conspired to conceal the property in order to escape compulsory execution from the victim.

2. Determination

A. The claims and obligations of the Defendants were made by 1C. D.

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