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(영문) 서울중앙지방법원 2013.12.02 2013고단1129

강제집행면탈

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A around July 3, 2009, E, the former wife, filed a lawsuit seeking division of property against E, and filed a claim for consolation money and division of property against the above Defendant, and the provisional attachment registration was made as to the above Defendant’s property G apartment No. 111 and 1502 on the land outside Seongbuk-gu Seoul, Seoul, which was owned by the above Defendant, on November 10, 201, and sentenced to payment of consolation money of KRW 30 million, property division amount of KRW 450 million, and interest amount of KRW 450 million. On July 7, 2011, the Seoul High Court sentenced the Defendant’s dismissal judgment and became final and conclusive. On August 24, 2011, the aforementioned final judgment became final and conclusive, with the knowledge that the above Defendant’s real estate registration was notified that the above Defendant’s obligation will proceed with compulsory execution on the property of KRW 30 million and KRW 450 million,000,000.

The Defendants conspired with the intent to escape from compulsory execution, knowing that there is a possibility that they would be subject to the said compulsory execution, and the Defendants, despite the absence of the debt against Defendant A, were liable for false loans worth KRW 150 million around July 25, 201, KRW 250 million around July 26, 201, KRW 150 million, and KRW 150 million around August 2, 201, were liable for false loans worth KRW 550 million in total with the intent to escape from compulsory execution by establishing a right to collateral security as to the land owned by Defendant A, Seongbuk-gu Seoul, Seoul, and KRW 2,902 Dong1702, KRW 400,00,00,000, KRW 5500,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E andJ;

1. Each prosecutor's interrogation protocol against the Defendants

1. As to the defense counsel’s assertion of the complaint, B copy of passbook, and specification of transactions, Defendant A’s defense counsel, around June 25, 201, shall have the right to shares in K’s Morocco local cafeteria from K Morocco around June 25, 201.