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(영문) 의정부지방법원 2016.11.03 2015고정1939

강제집행면탈

Text

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

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

Reasons

Punishment of the crime

On or around December 1, 1999, the Defendant borrowed KRW 15 million from the victim D, but failed to repay it, and thus, the Defendant rendered a ruling from the Jeju District Court around April 28, 2006 that “the Defendant shall pay KRW 15 million to the victim,” and the above ruling became final and conclusive around June 16, 2006. On or around August 18, 2014, the Jeju District Court rendered a ruling that “The Defendant may seize and collect the claim owned by the Defendant based on the above ruling No. 2014T454, supra, based on the Jeju District Court Decision No. 2014, May 18, 2014; the Defendant received a ruling of seizure and collection order from the Jeju District Court around August 19, 2014 to 2084, stating that “The Defendant received the above property list No. 20184, Feb. 28, 2014.”

On August 27, 2014, the Defendant transferred the above real estate to the Defendant for the purpose of evading compulsory execution by completing the registration of transfer of ownership in the name of F, a child of Mapo-gu Seoul E No. 1st floor owned by the Defendant on the ground of donation No. 201 of Mapo-gu, Seoul, which was owned by the Defendant, for the purpose of evading compulsory execution.

Summary of Evidence

1. Statement made on witnesses D in the third protocol of the trial;

1. The Jeju District Court Decision 2006Kaso804 case, Jeju District Court Decision 2006Gaso804 case, loan execution clause, Jeju District Court Decision 2006Gaso804 case, Jeju District Court Decision 2006Gaso806Gaso84 case, Jeju District Court Decision 2014Kaso-Ma1568, Jeju District Court Decision 2014Kaso-Ma1568, delivery confirmation certificate, total certificate of registered matters, certificate of seizure of claims and collection order, documents submitted by the complainant (50-62), donation contract, application for ownership transfer registration, and application of Acts and subordinate statutes

1. Article 327 of the Criminal Act and Article 327 of the same Act concerning criminal facts, the choice of fines, etc.

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