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(영문) 광주지방법원 순천지원 2016.07.21 2016고단496
강제집행면탈
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant leased construction equipment, such as the victim D’s astronomical air, from March 5, 2013 to April 10, 2013, with respect to the project for the Seoul Project for the South and North Korea, and did not pay 1,2390,000 won to the victim.

Accordingly, on February 11, 2014, the victim filed an application with the defendant for a payment order, and the above payment order was finalized on March 8, 2014, and the victim, on April 4, 2014, filed an application for a seizure and collection order against the defendant as the debt holder, and filed an application for a seizure and collection order with the Gwangju District Court as the debt holder, and filed an application for a seizure and collection order with the defendant as the debt holder as the debt holder, and received a decision on April 7, 2014.

After being aware of the foregoing facts, the Defendant received KRW 46 million from the F Research Institute on September 17, 2014 to the new bank account in the name of the Defendant. From September 17, 2014 to September 18, 2014, the Defendant transferred KRW 42.6 million from September 17, 2014 to the agricultural bank account in the name of the Defendant G, and used both personal debt repayment and living expenses.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the interrogation of the suspect to the prosecution 2, 3 times against the defendant (including details of the search of cases and account transactions attached thereto);

1. Part of the statement made by the police against D;

1. Application of the Acts and subordinate statutes on payment orders;

1. Relevant Article 327 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentence of a fine like the order shall be imposed in consideration of the conditions of sentencing, such as the fact that the defendant, on the grounds of sentencing under Article 334 (1) of the Criminal Procedure Act, has paid or deposited a significant portion of his/her debts for the victim, the health status of the defendant, and his/her previous offense (no criminal history of the same kind).

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