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(영문) 서울중앙지방법원 2017.12.07 2017고단4377
강제집행면탈
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates teaching materials and teaching equipment supply business (business registration number E) with the trade name “D” in Young-si C and P151, and F is the spouse of the Defendant.

On February 2, 2015, the Defendant, in collusion with F, changed the name of the mail order business operator in the name of F (H registration number I) in the name of F (H) for the purpose of evading compulsory execution against creditors, such as filing an application for payment order, based on KRW 29,679,650 of the non-paid amount claim 29,650. On April 2, 2015, the Defendant: (a) registered the place of business of H (H) around April 6, 2015 with the name of the said business operator in the name of H (H registration number I); and (b) registered the place of business of the said business as the said business operator C and P151, thereby clarifying the ownership of movable property, such as the claims for online shopping mall sales and the inventory of goods kept in the workplace.

Accordingly, the defendant, in collusion with F, concealed property for the purpose of evading compulsory execution, thereby damaging the creditor who is the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of G in the suspect examination protocol against the accused in the prosecution;

1. Statement of the police statement related to G;

1. Contract for trading;

1. Materials output of the results of the search of the Supreme Court attached to investigation report (payment order and documents attached to the progress of provisional seizure of bonds);

1. Applications and accompanying documents for investigation reports (Submission of complainants, submission of materials related to criminal and civil cases) and for provisional seizure of claims;

1. Two copies of the distribution schedule;

1. Application of Acts and subordinate statutes to file a complaint and accompanying documents (23-40, 42-44 times the list of evidence)

1. Article 327 of the Criminal Act applicable to the facts constituting an offense and Article 327 of the choice of punishment;

1. Where there are special reasons for taking into account the participation in the crime in the mitigation area (one month to eight months) of the mitigation area (i.e., one month) of the mitigation area (i., one month or eight months), the defendant who made the decision of the sentence is able to repent of errors while making a confession of the crime, in accordance with the sentencing guidelines under Article 62(1) of the Criminal Act.

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