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(영문) 의정부지방법원 2013.11.06 2013고단2442

강제집행면탈

Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was liable for the principal amount of KRW 300 million against the victim D, and the defendant's wife, E was jointly and severally liable for the principal amount of KRW 200 million among the defendant's obligations against the victim and the interest accrued therefrom.

The Defendant received the lease deposit amount of KRW 210 million from the above F on October 5, 2012 on the ground of the expiration of the above lease agreement, while the Defendant had the lessee’s name as E with respect to KRW 102,904,000,000,000,000,000 from the said F on the ground of the expiration of the lease agreement.

On November 21, 2011, the Defendant filed a lawsuit to jointly and severally pay a loan of 300 million won and interest thereon with the Defendant and E as the Defendant and the Defendant were at risk of being subject to compulsory execution from the victim. On October 10, 2012, at the J Licensed Real Estate Agent Office of the Jsan-si, Gyeonggi-do, Hayang-si, Hayang-dong, 103, 1208, 1401, and 165,000,000,000 won as the lease deposit, and the lessee was M with the Defendant’s father, and paid the above K the lease deposit amount of KRW 16,50,000 on the same day as the lease deposit, and KRW 14,850,000,000 from November 14, 201 of the same year.

Accordingly, the defendant concealed the amount of KRW 165 million, which is the property of the defendant, as the deposit money for the lease contract in the name of M, his/her father, for the purpose of evading compulsory execution by the victim.

Summary of Evidence

1. The defendant's legal statement (the second court date);

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement about N or D;

1. Results of case search by each Supreme Court, each judgment;

1. Application of each apartment charter contract, and the duplicate of passbook Acts and subordinate statutes;

1. Relevant Article 327 of the Criminal Act and the Selection of Punishment for the Crime (Selection of Fine)

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