beta
(영문) 부산지방법원 동부지원 2016.11.16 2016고단1655

민사집행법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 21, 2014, the Defendant, at the Busan District Court 307, located in Busan District Court 31, the Busan District Court 307, prepared and submitted a false inventory of property by omitting land (2,09mm2) in C in Gyeong-si, Gyeong-gu, the Defendant owned by the Defendant, without entering it in the property list, in making an oath, and preparing and submitting the inventory of property at the same time as the case for application for specification of property relations (2013m2) filed by B against the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Statement of Evidence B

1. Article 68(9) of the Civil Execution Act of the pertinent Act on the facts constituting an offense, the reason for sentencing a sentence of imprisonment [public prosecutor’s opinion] 8 months imprisonment with prison labor (decision of sentence] and 8 months imprisonment with prison labor, the defendant prepared and submitted a false list of property in the court while taking an oath, the complainant who is the creditor did not proceed with compulsory execution against the land owned by the defendant, the defendant was operating the same kind of business under his/her own name while operating a ship under his/her own name. The recent years, the defendant seems to have deducted the debtor’s property to avoid compulsory execution, such as the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and result of the crime, etc.