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(영문) 서울동부지방법원 2013.05.24 2012고정1897

강제집행면탈

Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 4, 2008, D, mother, and E, the father of the defendant, declared that the Seoul Central District Court 2008Gahap122072 decided on February 11, 2010 shall jointly and severally pay the victims a total of KRW 106,404,863, and the above judgment was finalized on December 22, 201).

Around June 24, 2009, in collusion with the Defendant, who is likely to be subject to compulsory execution against D and E’s property, the Defendant: (a) in fact leased D and J apartment 9-705 (hereinafter “instant apartment”) from K to reside in D and E at the I Licensed Real Estate Agent Office located in Gangdong-gu Seoul, Gangdong-gu, Seoul; and (b) provided D and J apartment 9-dong 705 (hereinafter “instant apartment”) with the total amount of deposit to K, the Defendant entered into a lease contract under the name of the Defendant (hereinafter “the instant lease”); and (c) on August 10, 2009, concealed E’s property by issuing a receipt for KRW 60 million from K to avoid compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Written decisions and judgments;

1. A copy of the letter of request for the provision of the information on financial transactions (including a new bank, E), and a copy of the statement of request for the provision of the information;

1. A copy of the occupants' list, copy of L's certificate, copy of apartment contract, copy of the resident registration card, and copy of the marriage relation certificate;

1. A copy of each notification of seizure of claims;

1. The application of Acts and subordinate statutes to a copy of a notification of the result of provision of data by an external institution, and a copy of reply;

1. Relevant Article 327 of the Criminal Act and Articles 327 and 30 of the Criminal Act concerning criminal facts, and the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Defendant and his defense counsel’s assertion

A. D and E at the time of the instant lease.