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(영문) 전주지방법원 군산지원 2017.12.13 2017고단1094
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 10, 2006, the Defendant received a judgment to pay KRW 6 million to the victim B in the court of the Jeonju District Court, which was rendered a judgment to pay the lease deposit. On March 28, 2016, the Defendant received a delivery of the decision to seize and order the collection of the claim filed by the injured party based on the payment judgment of the lease deposit in the Jeonju District Court’s military support around March 28, 2016, and was anticipated on April 1, 2016 to be forced for compulsory execution from the damaged party by inspecting the records related to the lawsuit against seizure and collection order.

On April 4, 2016, the Defendant: (a) completed the transfer registration of ownership in the name of D, a parent of the Defendant; and (b) transferred the said cPoter to the freezing of the said cPoter in the name of D, for the purpose of evading compulsory execution by the victim at the registered place of the vehicle in the 184-si, Hasan-si, Hasan-si.

Accordingly, the defendant has harmed the victim by falsely transferring property for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of the complaint filed by B and the police statement by E;

1. Court rulings, execution clause, seizure and collection order;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year) [the person subject to special sentencing] [the decision of sentence] under the following circumstances, and other factors such as Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered in full view of the following circumstances and other factors such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime.

The favorable circumstances: Recognizing the crime of this case, it is against the law.

1. Unfavorable circumstances: while the defendant was in default of his/her obligation to the victim for a long time, the injured person attempted to enforce compulsory execution on the property of the defendant.

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