logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.14 2018고정1048
강제집행면탈
Text

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

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

Reasons

Punishment of the crime

On November 25, 2015, the Defendant issued a ruling to pay KRW 30 million to the victim B in Seoul Central District Court 2015 Ga 141753 Embezzlement. On January 27, 2016, the Defendant attempted to conceal property using a new bank account in the name of the spouse C (D) with the intent to escape this, as the payment claim was attached by the Seoul Central District Court 2016, which held that the principal and interest claim of the above judgment was a claim claim against the principal and interest claim against the Defendant on January 27, 2016.

The Defendant, around February 27, 2016, remitted the wage of KRW 1.6 million, which is 1/2 of the wages, to the above new bank account around February 27, 2016, and from around that time to August 21, 2017, transferred the amount equivalent to KRW 55.2 million, which is 27.6 million, to the above new bank account, as shown in the list of crimes attached hereto.

Accordingly, in order to escape compulsory execution, the defendant concealed property by having the wages transferred to the new bank account of C, his spouse, to the new bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investigative reports (Submission of relevant data, details of deposits on suspect benefits, and details of transactions with C new banks);

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion has been paid wages to the financial account in the name of C, which was found before the seizure and collection order was issued, and there was no intention or purpose of evading compulsory execution against the defendant.

2. Various of the following circumstances indicated in the judgment records, namely, the Defendant embezzled 60 million won to B on May 11, 2015, respectively.

arrow