강제집행면탈
Defendants shall be punished by a fine of KRW 5,000,000.
If the Defendants did not pay each of the above fines, 100,000 won.
Punishment of the crime
Defendant
A is a spouse under the law of E, and Defendant B is a mother of Defendant A.
Before filing a lawsuit of divorce, etc. against Defendant A on February 18, 2016, E filed an application for provisional attachment on March 18, 2016 to preserve the claim for division of property, consolation money, and child support and filed a claim for provisional attachment on the F land, etc. owned by Defendant A, the Defendants conspired to register the transfer of ownership by pretending to trade in the name of Defendant A’s senior mother’s H on the land of 1,984 square meters (hereinafter “instant land”).
Defendant
B In accordance with such a public offering, the JA’s office located at H with H, thereby finding the instant land at the JA’s office, and completing the registration of transfer of ownership on March 23, 2016 by requesting the preparation of a false transaction agreement with the effect that “Defendant A sells the instant land to H 600 million won.”
As a result, the Defendants conspired to transfer property for the purpose of avoiding compulsory execution.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the prosecution with regard to H;
1. Statement made by the police for E;
1. The part concerning the statement in K in the second police statement against Defendant B
1. Application of statutes governing certified copies of G registry;
1. Defendants: Article 327 of the Criminal Act; Articles 327 and 327 of the Criminal Act; the choice of fines
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act