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(영문) 창원지방법원 마산지원 2017.11.14 2017고단771
강제집행면탈
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] Defendant A was sentenced to a suspended sentence of two years for criminal fraud in the Changwon District Court's Busan Branch on April 10, 2014, and the judgment became final and conclusive on August 23, 2014.

[Criminal facts] Defendant A is a person who operated a Friju station in Changwon-si E in Changwon-si, Changwon-si, and Defendant B is a person who is a defendant A and a dead money.

1. Defendant A borrowed money for operating funds of the above gas station from the victim Industrial Bank of Korea, the Bank of Korea of Japan, the Simk-si, and the Simk-Ik Capital Co., Ltd., but, on February 2013, the victims failed to repay the above debts, they attempted to enforce compulsory execution against the oil station property under the name of the Defendant, such as provisional seizure at the above gas station. In order to avoid seizure of the victims, the victims were removed from seizure, and the above gas station was leased to B, and the operator changed the name of B to manage the revenue related to the above gas station under the name of B, such as credit card price, etc., by managing the revenue related to the above gas station in the name of passbook, and concealed the property by making it unclear about the ownership relation of the property of the Defendant.

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

2. Defendant B: (a) around April 1, 2013, the Defendant: (b) lent the name and account of the Defendant necessary to conceal the property relating to the gas station in order to escape compulsory execution; and (c) assisted and abetted A’s evasion of compulsory execution by facilitating the commission of the crime by means of preparing a false lease agreement.

Summary of Evidence

1. Statement of the police against the Defendants and the interrogation of each prosecutor’s office

1. A credit transaction agreement;

1. Lease lease contract;

1. A copy of each bankbook;

1. Each decision;

1. A certified copy of each registry;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to latter concurrent judgments, etc.);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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