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(영문) 의정부지방법원 2014.12.09 2014고단3130

강제집행면탈등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On November 22, 201, the Defendant evaded compulsory execution, at the Seoul Eastern District Court (Seoul Eastern District Court) entered into an adjustment to pay C with the amount of KRW 325 million to the Defendant’s claim for the purchase of goods, which was brought by C against the Defendant, and was likely to be subject to compulsory execution against C with respect to the Defendant’s property, and subsequently, around December 16, 201 of the same year, he/she concealed the claim for the refund of the above lease deposit by preparing a receipt to the effect that C will continue to reside in the above residence and the Defendant would have to bear the said lease deposit even though he/she did not have newly borne the said deposit, upon request of F at the request of the owner of the above apartment, even though he/she did not have newly prepared the lease contract with the lessee and received the full refund of the said lease deposit to F.

2. On May 30, 2012, the Defendant in violation of the Civil Execution Act presented a false list of property by failing to enter the claim to return KRW 20,763,00,00 paid to Hyundai Capital Co., Ltd. in the above list of property, when he/she was present at the court below as the debtor in the case of property specification No. 2012Kao1464 of the above court and submitted the list of property.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement to C by the police;

1. Proceeds of goods: 2011Gahap12499;

1. Statement of the name and date of property, a monthly rent contract for real estate, an apartment monthly rent contract, and a statement of the garnishee;

1. The application of Acts and subordinate statutes concerning investigation reports, requests for cooperation in business, and succession to installments;

1. Relevant Article 327 of the Criminal Act, Article 327 of the Criminal Act, Article 68 (9) of the Civil Execution Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;