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(영문) 울산지방법원 2017.11.30 2017고단2874
강제집행면탈
Text

A defendant shall be punished by imprisonment for not less than five 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 October 23, 2015, the U.S. District Court rendered a judgment in favor of the Plaintiff that the Defendant shall compensate the victim for KRW 20 million and interest with respect to a lawsuit filed by the victim E for damages against the Defendant. On June 23, 2016, the same court dismissed the Defendant’s appeal, which became final and conclusive on July 9, 2016, and thus there was a risk that the Defendant’s property may be subject to compulsory execution. For the purpose of evading this, the Defendant released KRW 50 million from the national bank account (F) in cash at the same place located in Ulsan-dong, Ulsan-gu, U.S. National Bank located in the Republic of Korea, Ulsan-gu, U.S., for the purpose of evading this.

As a result, the defendant concealed property for the purpose of evading compulsory execution and damaged the victim E as the creditor.

Summary of Evidence

1. Part of the Defendant’s statement in court - The Defendant made confession on the first trial date, but the full bench thereafter stated 4 (written factual confirmation) as reference materials submitted by the Defendant on the second trial date, and thus, the purpose of evasion or intentional part was expressed to the effect that there was no intention or intention to evade evasion by changing the attitude from the third trial date.

- The content of the claim for damages of G, the author of the reference material of the victim, the former husband's interest, and the victim's husband's 4, is that "the defendant committed a tort against the victim's marital life due to the divorce with G, etc. with G."

In other words, G is a person who is linked with the defendant and is divorced from the victim due to such reasons.

Comprehensively taking account of the evidence duly adopted, including the results of the examination of the witness, the defendant was aware of the fact after the judgment of the court below became final and conclusive, but the defendant was transferred from the former husband on November 30, 2016 as the property division name of the former husband on November 30, 2016 as well as the defendant was divorced from the former husband on the ground that he was married with G.

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