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(영문) 청주지방법원 2020.05.15 2019고정861
강제집행면탈
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 25, 2019, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on September 25, 2019, and the judgment became final and conclusive on October 3, 2019.

The Defendant, who had operated the “C” company for machinery and equipment and piping facilities located in the Heung-gu Seoul Metropolitan Government, Cheongju-si, was responsible for the amount of KRW 57,103,145 to the “E company” operated by creditors D. In the event that the Plaintiff failed to pay the amount of KRW 121,57,900 national tax and seized the amount of KRW 20,982,094 to the account of “C”, which is the customer, would be likely to be subject to compulsory execution, such as being subject to seizure from creditors D or the National Tax Service, by using the “H” operated by the Defendant, to pay the said construction cost to the Defendant for operating expenses, and on December 14, 2018, “C” did not bear any false debt amount of KRW 20,985,94 with the intention of increasing the amount of construction cost by having the “C” to pay the amount of KRW 20,500,980,000 for the purpose of “H”.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written complaint for complaint and a written agreement on the payment of construction price;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant Article 327 of the Criminal Act and Selection of Punishment for the Crime. Article 327 (Selection of Fine)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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