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(영문) 서울중앙지방법원 2020.04.23 2020고단587
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From November 23, 2017, the Defendant registered his/her business with the trade name "C" from Gangnam-gu Seoul and the first floor, and actually operated general restaurants, and entered into a credit card merchant agreement in the name of the Defendant and received credit card sales proceeds settled by customers to the account in the name of the Defendant.

On July 16, 2018, the Defendant prepared a notarial deed of debt repayment contract with the content that 200 million won would be repaid by August 17, 2018, which was previously borrowed to creditors D.

On October 8, 2018, the Defendant took measures to ensure that the credit card sales price settled by customers is deposited into the KEB bank account in the name of E, by changing the business registration of “C” from the sole name of the Defendant to the joint name of the Defendant and the Defendant’s relative E, and amending the contract of the credit card merchant in the name of E after changing the business registration of “C” from the name of the Defendant to the name of the Defendant and the Defendant’s relative E, thereby evading compulsory execution.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the creditor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Submission of Suspect data, business registration certificate, etc.);

1. Application of notarial deeds, loan certificates, and credit card slips-related Acts and subordinate statutes;

1. Relevant Article 327 of the Criminal Act concerning the facts constituting an offense and Article 327 of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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