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(영문) 서울동부지방법원 2014.09.16 2014고단1214
강제집행면탈
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On April 8, 2004, the Guri-si D shop newly built and sold E, and entered into a sales contract for each shop by F, G, H, I, etc. (hereinafter referred to as the "sellers"), and thereafter, the ownership was transferred through a public sale on or around June 2008 through the public sale, and on August 8, 2008, the J (State) in which the Defendant works as a director, acquired ownership.

When the sale price of D commercial buildings has been delayed, the sales contract was cancelled, and the rehabilitation claim was reported by F, G, and H on November 18, 201. On October 4, 201, the I filed a lawsuit claiming the return of the sale price against the above company on October 4, 201, F, 73,670,000 won, G, 58,936,000 won, and H, 44,38,000 won, and 93,020,000 won, and I became final and conclusive after receiving a favorable judgment in favor of each claim of the above company.

On January 30, 2012, the Defendant: (a) prepared a notice of assignment of the right to monthly rent of the said company at the office of the said company in Seongdong-gu Seoul, Seongdong-gu; (b) as if the Defendant transferred the Defendant’s monthly rent claim of the said company to the Defendant-type L, the Defendant would be pretended to transfer the Defendant’s monthly rent claim of the said company; and (c) served a notice of assignment to the Plaintiff on the same day on January 10, 2012, that “the transferee shall transfer the claim for rent of the first and second floor to the transferee L according to the claim transfer contract; and (d) served the Defendant on the M of the D management body’s representative from February 7, 2012 to December 7, 2012; and (c) immediately used the monthly rent of KRW 132,353,61 in a group of L account, by being transferred

In order to escape compulsory execution as above, the defendant transferred assets falsely to the obligees, and harmed them.

Summary of Evidence

1. Statement of the police statement to I;

1. Investigation report (the progress of trial related to the lawsuit);

1. Copy of the corporate register, each judgment, search of auction cases, etc., a certified copy of each real estate register, details of deposit and withdrawal transactions, and details of J transactions;

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