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(영문) 광주지방법원 2014.11.25 2014고정860

강제집행면탈등

Text

Defendants shall be punished by a fine of KRW 6,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A operated a “F” restaurant in Gwangju Mine-gu from March 201 to November 201 of the same year, and Defendant B is the top-down of the said A.

Defendant

A, in the course of opening and operating the above restaurant, the victim G, the Suchip, the Suchip, the Jinchip, H, I, J, and K with the total amount of KRW 130 million, including the tegrative construction cost, etc., and the victims failed to repay the above amount of KRW 130,000,000,000, which led to compulsory execution, such as provisional seizure of corporeal movables in the above restaurant and seizure of Defendant A’s claims.

Accordingly, the Defendants conspired to transfer the vehicle under the name of Defendant B in the name of Defendant B, and Defendant A conspired to assume the false debt from Defendant B.

1. On September 21, 2011, the Defendants: (a) even though a notary public located in the Dong-gu Gwangju metropolitan L borrowed KRW 30 million from Defendant B in the law firm MU office, Defendant A pretended to borrow KRW 30 million from Defendant B on May 3, 2011; (b) had an notarial attorney prepare the “notarial deeds of monetary loan agreement” as of May 3, 2011; and (c) had the Defendant keep them in the same place, thereby having the Defendant B bear the false liability.

As a result, the Defendants conspired to evade compulsory execution, made the Defendants enter false facts in the notarial deed, and exercised the notarial deed with false entries.

2. On September 23, 2011, the Defendants entered into a false sales contract without the fact that Defendant A had transferred the nwitter cargo in the market price owned by Defendant A in his own name to Defendant B, and thereafter registered the said cargo in Defendant B’s name.

Accordingly, the Defendants conspired to evade compulsory execution.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A.