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(영문) 서울남부지방법원 2021.01.27 2019고단6728
강제집행면탈등
Text

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

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

Reasons

Punishment of the crime

1. From October 2018, Defendant A operated Da and E, a restaurant belonging to B Co., Ltd., Ltd., and had been willinged to conceal credit card payment claim and payment, which are the subject of compulsory execution, for whom the decision of provisional seizure of the credit card payment claim and the credit card payment claim and the credit card payment, which are the subject of compulsory execution, were issued by the credit card company, from the victim F, which has a claim for construction cost of KRW 97 million against the said company.

On December 2, 2018, the Defendant demanded C, a person in charge of management of G, a police officer, to provide “D and E’s card settlement using the H office store operated by G and I’s card terminal,” and concealed D’s card settlement claim and settlement amount of credit card payment amounting to KRW 19,836,180 in total by using I’s card terminal, from the time the Defendant leased the card terminal to December 2018.

In order to escape compulsory execution, the defendant concealed property, harmed the creditor, and traded it by credit card using the name of other credit card member stores.

2. Defendant B, a de facto representative, traded by credit card merchants using the name of another credit card merchant, as described in paragraph (1).

3. No defendant C credit card merchant shall lend the name of a credit card merchant to any third party;

Nevertheless, the Defendant is the vice president of G Co., Ltd. operating H office North Korea store and I. The Defendant, among the vice president of G Co., Ltd. operating “D” and “E” on December 2, 2018, and the actual representative A of B, a corporation operating a restaurant operating “D” and “E,” to allow D and E to settle the card with G’s card terminal.

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