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(영문) 대구지방법원 2014.10.15 2014고단2174
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is the representative director of E Co., Ltd., which operates a golf course in Gyeongbuk-gun C.

Before opening the above golf course, the Defendant newly established 9 holess through a public relations book for the golf course and daily newspaper for 2010, and arranged on December 26, 2012 for the installment payment of approximately KRW 6,357,000,000,000,000,000,000,000,000,000 won for its members, by advertising for membership recruitment to the effect that additional golf club facilities are installed, such as golf lending mileage, typoids, and riding club. However, the Defendant breached the membership contract due to the failure to secure additional golf club facilities, and 57 members, such as the victim F, filed a claim for the refund of the membership fee (2012Ga2150) against E, a lawsuit against the said court to seek the refund of the membership fee for six months.

As of May 29, 2013, the Defendant filed an application for rehabilitation with the Daegu District Court 2013 Ma27 on the said legal entity as of May 29, 2013 without paying the above conciliation amount to the creditors, but the rehabilitation decision was abolished as of September 17, 2013, and became at the risk of being subject to compulsory execution from creditors, including the victims.

In order to escape compulsory execution, on October 4, 2013, the Defendant newly created G as a general president of the above golf course, a corporation that made it an internal director, H, and concealed assets in order to prevent creditors, such as the victim, etc. from enforcing compulsory execution on the revenues of the above golf course by entrusting the above golf course to H.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's protocol of interrogation of the accused (including F's statement)

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Each certified transcript of corporate register, mediation protocol, purchase agreement, electronic litigation record, record of the Supreme Court's electronic litigation, certification of value-added tax base, certificate, written decision, notification of attachment of claims, notification of attachment of claims, written decision of provisional attachment of claims, and statutes

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