서울중앙지방법원 2017.12.14 2017고단996



A defendant shall be punished by imprisonment for not less than three 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.


Punishment of the crime

At the time of operating a Chinese restaurant from December 22, 201 to December 14, 2012, the Defendant was supplied with fishery products equivalent to KRW 20 million from the victim E, i.e., mistakenly collected, and b0 million from December 14, 2012, and paid the amount of KRW 19,985,100.

However, on April 23, 2015, the Defendant was sentenced by the Seoul Southern District Court to pay KRW 19,985,100 to the victim on April 23, 2015. The victim, according to the above judgment, performed a compulsory execution on the clothing in the Chinese restaurant operated by the Defendant, and recovered KRW 2,767,120.

Since then, the victim filed an application for specification of property in order to verify the defendant's other property, and received a decision to specify property at the Seoul Central District Court on March 14, 2016.

When the defendant refused the court's decision to specify the above property, the defendant decided to transfer the real estate in his name with the intention of avoiding the possibility of compulsory execution by the victim.

On April 5, 2016, the Defendant: (a) donated the FY 1,569 square meters in a false way to G on December 9, 1994, prior to ownership from the Defendant’s mother on April 5, 2016; and (b) on April 8, 2016, the written indictment was not specified by the date of registration of ownership transfer; (c) but (d) recognized ex officio based on evidence to the extent that the Defendant’s exercise of the Defendant’s right of defense

The registration of the transfer of ownership has been completed, and it is identical to each week 1 April 8, 2016, each of which was donated falsely to the above G on April 5, 2016, with the area of H 1,000 square meters in Nam-gun, Chungcheongnam-gun, Seoul, which was owned from July 5, 1985.

The registration of transfer of ownership was made.

Accordingly, the defendant transferred property in a false way in order to escape compulsory execution.

Summary of Evidence

1. Legal statement of witness E;

1. A complaint (including a written decision on property specification and a certified copy of each real estate registry);

1. Investigation report (as to the statement by a witness G phone)

1. Court rulings (2014 Ghana 704777), execution clause (2014 Ghana 70477) and Supreme Court decisions.