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(영문) 서울서부지방법원 2016.12.14 2016고단2401
강제집행면탈
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 3, 2013, the Defendant received a judgment of Seoul East Eastern District Court 2012Ga104241, which read, “The Defendant shall pay the victim C the interest of KRW 165,233,650 and its interest, which may be provisionally executed.”

According to the above judgment, the Defendant anticipated compulsory execution, such as seizure and collection of credit card sales claims, etc. of “E hotel” D in Suwon-si, Suwon-si, which is registered in the name of the Defendant. On December 20, 2013, the Defendant changed the name of the said E hotel operator in the name of F, which is the Defendant’s wife, for the purpose of evading compulsory execution.

On May 2, 2014, the Defendant changed the name of the business operator of the above E hotel in the name of the Defendant to obtain a decision on commencing rehabilitation from the court on May 2, 2014, and the application for rehabilitation procedures was dismissed on July 4, 2014, the Defendant changed the name of the above F and the business operator of the E hotel to a joint proprietor with the aim of evading compulsory rehabilitation on or

Accordingly, the defendant concealed property for the purpose of evading compulsory execution, thereby damaging the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Court rulings (Evidence Nos. 2), decisions to recommend reconciliation (Evidence No. 3), respective business registration certificates, changes of business registration, application of Acts and subordinate statutes to impossible records;

1. Article 327 of the Criminal Act applicable to the crimes and Article 327 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are crimes 1 [the scope of recommendation] for the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] 4 (Evasion of Compulsory Execution) for obstruction of Exercise of Rights (6-1 year) (the scope of recommendation [6-1 year] for obstruction of Exercise of Rights] 2. The scope of final sentence due to the aggravation of multiple crimes (6-1 year) for which there is no basic area (e.g., evasion of compulsory execution] 4 (e., evasion of Execution) for obstruction of Exercise of Rights (the scope of recommendation punishment] 4.

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