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(영문) 수원지방법원 평택지원 2021.03.25 2020고정239
강제집행면탈
Text

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

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

Reasons

Punishment of the crime

On September 1, 2017, the Defendant registered the head of Pyeongtaek-si B building C or “E” roller c or D in the name of the Defendant, and registered the store in the name of the Defendant’s mother F, and operated the said roller c or store.

On November 22, 2017, the Defendant’s de facto marriage spouse G entered into a contract for construction works with the above roller case and completed construction works, and filed a lawsuit claiming payment of KRW 1,973,500,000 for the unpaid construction cost against the Defendant and the above F on March 5, 2018, the Seoul Western District Court issued a decision of performance recommendation as Seoul Western District Court Decision 2017 Ghana725383 on March 5, 2018, and accordingly, issued a seizure and collection order as of July 3, 2018.

On May 2, 2018, the victim I, who is the creditor of the above G, filed a lawsuit claiming the payment of the loan amounting to KRW 50 million against the defendant, and the judgment in favor of the plaintiff was rendered on May 2, 2018. Accordingly, on July 3, 2018, the creditor of the above G, issued a seizure and collection order under 42936, with the same court 2018.

Accordingly, for the purpose of evading compulsory execution on June 12, 2018, the Defendant reported on the closure of business to the above roller machine rink, and subsequently registered the business under the name of the Defendant’s headquarters by changing the trade name to “J” to the Defendant’s name.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution by the victims, and harmed the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to inquire about transaction details, such as filing of a complaint, a decision on performance recommendation, a written complaint, a judgment on housing site costs in the Suwon District Court, each business registration certificate, investigation report (verification of whether business is closed or not, a certified copy of relevant registry, etc.), output of the National Tax Service

1. Criminal facts;

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