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(영문) 수원지방법원 성남지원 2015.01.22 2014고단2181
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On April 8, 2011, the Defendant was sentenced to a suspended sentence of two years on October of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Escape Vehicles) in the Sung-nam Branch of Suwon District Court on April 8, 201.

While the Defendant was unable to repay the co-management price of the household that was supplied by the victim Non-resident Corporation Co., Ltd. (hereinafter “victim Co., Ltd.”), the Defendant was likely to be subject to compulsory execution against the claim to refund the lease deposit amount of KRW 70 million,00,000,000 from other creditors, including the victim Co., Ltd., and the Defendant leased under the joint name with his husband B, the Defendant got a false transfer of the claim to refund the lease deposit by changing the name of the Defendant’s child who was a student at the time of the above apartment on May 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. The offense of evading compulsory execution under Article 327 of the Criminal Code is a dangerous crime and is likely to be subject to compulsory execution, provisional seizure, or provisional disposition under the Civil Execution Act. In other words, under the objective condition that the creditor is showing the attitude to institute or institute a lawsuit for preservation of the property, there is a risk of undermining the creditor by concealing, destroying, transferring, or bearing false debts for the purpose of evading compulsory execution under the state that the creditor is showing the attitude to institute a lawsuit for preservation. It does not necessarily lead to the result that the creditor would incur damage, or an actor would take any profit, and the act of bearing false debts for the purpose of evading compulsory execution under the condition that it is likely to practically obtain compulsory execution.

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