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(영문) 수원지방법원 성남지원 2016.09.08 2016고정334

강제집행면탈

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the husband of the victim E, and the defendant B is the child of the defendant A.

Since December 2014, the victim requested a divorce against the defendant A. In fact, on May 19, 2015, the victim filed a provisional injunction against disposal of F apartment units 301, 403, and 312, 313, and 314 of the G Building in Seongbuk-gu, Sungnam-si, Sungnam-si, and Sungnam-si, and filed a lawsuit for divorce and division of property on May 27, 2015.

1. Defendant A’s sole crime committed on May 15, 2015, with a view to evading a divorce and a claim for division of property as seen above, at the Sungnam Branch of Suwon District Court’s Sung-nam Branch, established the right to collateral security of KRW 192,00,00 with respect to F apartment 303, 159,925,000 with respect to the payment of KRW 141,870,00 with respect to the new bank H account in the name of Defendant B, and transferred KRW 312,313,314, and KRW 457,20,000 with respect to the construction of the right to collateral security of KRW 30,70,700 with respect to the construction of the right to collateral security of KRW 192,925,00 with respect to the land owned by the Defendant, and then, transferred KRW 312,313,314 in the name of the Defendant’s new bank.

2. The Defendants jointly committed the crime committed with the intent to bring a lawsuit for divorce and division of property as seen above, and to evade compulsory execution, at the Sung-nam Branch of Suwon District Court on May 19, 2015, the Defendant jointly committed the crime at the Sung-nam Branch of the Sung-gu Branch of the Sung-nam Branch of the Sungnam Branch of the Seoul Branch of District Court on May 19, 2015, with the intent to set up a mortgage on the said F apartment No. 301, 403, and 312, 313, and 314 of the G Building at Sung-nam Branch of the Sung-si Branch of the Sungnam Branch of the Sung-si Branch of the District Court on

Summary of Evidence

1. Defendants’ respective legal statements

1. Witness E;

1. A complaint, a certified copy of the register, a Korean Bank, a mortgage agreement, a certified copy of the register;