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(영문) 대전지방법원 2012.09.14 2012고정481
강제집행면탈
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operated the mutual lighting gear agency of Daejeon Dong-gu D and E in the name of G in the name of his/her father.

On May 26, 2006, the Defendant borrowed KRW 100 million from the victim H, a high school, and issued a promissory note in the name of the said G in lieu of borrowing KRW 100 million.

However, the defendant did not pay the above KRW 100 million for the lapse of four years.

On June 10, 2010, the victim filed an application for the payment order for KRW 100 million against G with the Seo-gu Daejeon District Court of Daejeon.

As can be seen, the Defendant filed a lawsuit by the victim, and filed an objection against the payment order around June 28, 2010 for the purpose of evading this, and filed an objection against the payment order. Around July 15, 2010, “F”, which was under the name of G, reported the closure of business, brought up business facilities, etc., and continued to operate the business by establishing the “J” under the Defendant’s wife I, thereby making it difficult to identify the ownership of credit credit claims, inventory goods, etc. of the said “F” and discover assets.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the accused accused by the prosecution;

1. Three copies of each complaint, three copies of promissory notes, three copies of each payment note, and a copy of each decision upon closure of the next map;

1. A copy of each business registration certificate, a copy of agency contract, or a certificate of closure;

1. Investigation Report (general) - Application of Acts and subordinate statutes to the claim team and the chief of the business division

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defense counsel on the key issue of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order may be the subject of the crime of evading compulsory execution by neglecting the debtor's participation in G, who is not the debtor of the instant obligation.

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