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(영문) 서울서부지방법원 2019.01.18 2018고정1044

강제집행면탈

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A creditor B had a claim amounting to KRW 398,742,00,000,000,000,000,000,000,000, acquisition tax claim amounting to KRW 19,667,00,00, and inheritance tax claim amounting to KRW 30 million against Defendant C.

Therefore, B provisionally seized against Defendant C on September 19, 2016, the Seoul Western District Court 2016Kahap50351, which was the Seoul Western District Court 2016Kahap50351, the entire C shares of each real estate D and Yangcheon-gu Seoul Metropolitan Government E.

The Defendants drafted a written agreement with Defendant C to bear the false obligation to Defendant A, the former wife, and conspired to establish a false security or transfer of the said real estate C shares.

On September 1, 2016, the Defendants prepared a written agreement on the payment of the child support of KRW 600 million to Defendant A, inherited property of KRW 500 million, and consolation money of KRW 100 million on August 1, 2014, and made a false debt. On this ground, on September 23, 2016, the Incheon District Court Branch Branch of the Incheon District Court: (a) completed the registration of establishment of a mortgage over the said D land and building with the maximum debt amount of KRW 200 million on the said D land and building; and (b) completed the provisional registration of security around October 20, 2016.

In addition, on September 27, 2016, the Seoul Southern District Court registered the Seoul Southern District Court with the maximum debt amount of KRW 500 million in relation to the E portion of Yangcheon-gu Seoul District Court, and registered the establishment of a neighboring mortgage on October 14, 2016.

In addition, on October 17, 2016, the Seodaemun-gu Seoul Western District Court registry made a registration of the establishment of a neighboring building under the name A with respect to the H portion of the building H on one parcel of land, the Seodaemun-gu Seoul Western District Court made a registration of the establishment of a neighboring building under the name A, and completed the registration of the ownership transfer on October 21, 2016 for the entire C portion.

As a result, the Defendants conspired to bear the false debt amounting to KRW 1.1 billion for the purpose of evading compulsory execution.

Summary of Evidence

1. C and each prosecutor's protocol of examination of the accused;

1. Statement to the prosecution of I;

1. Gyeonggi-do Additional City D, Yangcheon-gu, Seoul E, and Seoul.