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(영문) 서울중앙지방법원 2018.05.15 2017고정3923
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the defendant corporation C operated by the defendant was unable to pay the construction price in time to the victim D, the victim requested the Seoul Northern District Court to pay the construction price of KRW 9,064,000 on July 22, 2016, and on September 2, 2016, the above payment order became final and conclusive and there was a concern that the defendant may be subject to compulsory execution against the property of C owned by the victim.

On October 1, 2016, the Defendant prepared a letter of commitment to transfer the lease deposit amount of KRW 20 million from Seocho-gu Seoul Metropolitan Government E, 4, and 5 floors to another FF corporation operated by the Defendant from C, and drafted a real estate lease agreement with the content that the obligee of the above lease deposit (the renter) is changed from C to F corporation at the office of the lessor G located in Seocho-gu Seoul Metropolitan Government E and 1 floors.

Accordingly, in order to escape compulsory execution, the Defendant transferred the above leased deposit claims by falsity, and concealed C’s property.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A protocol concerning the examination of each police officer against the defendant or G;

1. Statement made by the police against D;

1. A complaint filed in D;

1. The written decision on the payment order in the case No. 2016 tea 3778, the screen of the search of the Supreme Court, and the seizure and collection order;

1. A copy of the written answer;

1. A certified copy of the registry of a stock company C, and a certified copy of the registry of F corporation;

1. A lease contract or a letter promising the transfer of deposit for the lease lease;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from complainants and reference witnesses);

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order (the grounds for conviction) is that transferring the leased deposit claims to the Defendant and his/her defense counsel is a true transfer, not a false transfer, and the Defendant.

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