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(영문) 대전지방법원 천안지원 2018.01.25 2016고단302
강제집행면탈등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Acquittal of compulsory execution among the facts charged in the instant case is acquitted.

Reasons

Punishment of the crime

"2016 Highest 563" Defendant is the representative of "D" livestock product meat processing business chain, and E is the husband of the victim F.

From August 208 to October 2008, the Defendant, “D” office located in Dong-gu, Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, entered into a contract for supply of money with H. On the other hand, the Defendant may immediately encash when he supplies straws to companies, schools, restaurants, intermediate wholesalers, etc.

As a result, I would like to set up a security equivalent to KRW 400 million for the land owned by the victim, which is the land processing company.On that occasion, after being provided with the money and sold the money, 200 million won shall be repaid to the victim within 2-3 months, and the remaining 200 million won shall be given through normalization of the land provided within one year and provided as security.

“At the same time,” with the intent of making a false statement, E had the victim deliver the said speech to the victim.

Then, on October 16, 2008, the Defendant would pay KRW 200 million in cash to the victim from January 30, 2009 by putting the victim as security at the “K office located in theJ around 16, 2008,” and directly pay the remainder of KRW 200 million to I by October 30, 2010.

The right to collateral security will be established on the building of the D Company located in G and the company's land when it is believed to be owned by the company.

The land is now secured by the bank, but is not separate from the bank.

Even if it goes beyond the auction even at a harsh time, the amount of more than 400 million won has disappearedd.

After the end, around October 16, 2008, the victim had the victim set up a right to collateral security with "the maximum amount of KRW 520,000,000, the debtor A, and the mortgagee I" in six parcels, such as Boan-si L, the victim's possession of the victim.

However, the Defendant, at the time, did not definitely conclude a monetary supply contract with H, and was unable to pay wages and retirement allowances to employees working in D, from I.

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