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(영문) 광주지방법원 2014.08.14 2014고단179
강제집행면탈
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “E Maumman (hereinafter referred to as the “Maumman”), and the victim F is a person who has invested more than one billion won in the above Maumman and entered into a business agreement with the Defendant to distribute the profits to 5:5, and invested more than a total of 629 billion won from February 4, 2009 to April 8, 2009.

The victim, as a person in charge of the management and operation of the funds of the above Yangman-do, voluntarily consumed a total of 238,580,000 won from February 2, 2009 to March 9, 2009. On June 1, 2009, the victim sent to the Defendant a certificate of the content that he would terminate the above business agreement and return the investment amount. At that time, the victim had the Defendant receive the certificate of the above content.

Then, around July 8, 2010, the victim filed a lawsuit for return of investment amount with the Gwangju District Court as 2010Kahap7296, and made the above complaint reach the defendant on July 21, 2010. On July 9, 2010, the victim filed an application for provisional attachment of each defendant's real estate with the Gwangju District Court 2010Kahap810, and applied for provisional attachment of each defendant's other property.

Around that time, the Defendant heard that “in a trial, the money in the account will be seized, and that money will be transferred to another account” from pro-friendly H, and attempted to conceal the property by transferring the money in the account in the name of the Defendant to the account in the name of H (State) I operated by H.

On July 29, 2010, the Defendant transferred KRW 460 million in total to the Agricultural Cooperative (N) account in the name of the Agricultural Cooperative (J) No. I, 2010, KRW 20 million on July 30, 2010, KRW 20 million on July 30, 2010, KRW 40 million on August 9, 2010, KRW 50,000 in the name of the Bank (K) and KRW 169.5 million on August 9, 2010.

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

Summary of Evidence

1. Partial statement of the defendant;

1.The police of F. F.

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