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(영문) 의정부지방법원 2014.02.07 2013고단3877
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the president of the Gu Government E Hospital, the defendant B is the director of the above hospital nursing division.

Meanwhile, from September 17, 2012 to December 24, 2012, Defendant A held office as the president of the G Medical Foundation in Gyeyang-gu Incheon.

However, at the time when Defendant A was in office as the president of the foregoing Foundation, the foregoing Foundation had already been in excess of his/her obligation. On May 23, 2012, the Incheon District Court rendered a voluntary decision to commence auction on real estate owned by the above Foundation H, and the procedure was in progress. On October 26, 2012, the victim’s NAD medical research institute applied for provisional attachment against the claim for medical expenses against the above Foundation’s National Health Insurance Corporation as Seoul East East District Court 2012Kadan9560, and the victim I was in the situation where the above Foundation’s preservative measures and compulsory execution was being conducted by the above creditors, such as preparing for the application for seizure and collection order on the above medical expenses based on a notarial deed.

In order to avoid compulsory execution against the obligees’ claim for the above medical expenses, the Defendants conspired to transfer the above medical expenses claim to Defendant B, notwithstanding the absence of the intent to transfer the above medical expenses claim to Defendant B.

The Defendants, on December 13, 2012, shall be deemed to be a clerical error and corrected on December 14, 2012.

In the office of the above foundation in Gyeyang-gu Incheon Metropolitan City, "7.2 billion won out of the amount of claim of medical expenses that the G Medical Foundation currently holds or will hold on national health insurance is transferred to Defendant B, and notified it to the National Health Insurance Corporation.

As a result, the Defendants conspired to transfer property to the obligee for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor and police suspect interrogation protocol against the Defendants

1. Notice of assignment of claims;

1. An investigation report (a creditor I written statement of damage).

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