beta
(영문) 서울중앙지방법원 2014.05.14 2013고단6953

강제집행면탈

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

A under the name of wife C on September 8, 2000, purchased F loan No. 302, 70,000,000 won, which is located in the name of the victim, and completed the construction and registration of a building with respect to F loan No. 101, and completed the registration of ownership transfer to the victim by April 30, 201, but paid 73,00,000 won as the housing price of Cdong No. 101 if the registration of ownership transfer under Cdong No. 101 is not possible until April 30, 201.

However, as agreed, A was obligated to pay 36 million won to the victim the remainder after deducting the deposit for lease and taxes subrogated among 73 million won of the above housing price, because A completed and completed the registration of completion of Cdong 101 and completed the registration of ownership transfer to the victim.

On December 16, 2010, the injured party filed a civil lawsuit against A and C with the Seoul Central District Court in accordance with the above 36 million won claim and received a judgment of winning the entire claim of the injured party concerning the above 36 million won claim on May 26, 201. On July 5, 2012, the appellate court dismissed both the appeal of A and C and the judgment became final and conclusive around that time.

A, when there was a risk of compulsory execution due to the above victim's claim 36 million won, A filed an ownership transfer registration in the first instance, the Defendant, who was a son in Seocho-gu Seoul Central District Court, located in Seocho-gu Seoul Central District Court, on June 20, 2012, through the Defendant, who was a son, in the registry of the Seoul Central District Court, in Seocho-gu Seoul Central District Court.

However, in fact I did not purchase the shares of the above site from A, and only lent only the name.

Accordingly, the Defendant conspired with A to evade compulsory execution against A, thereby harming the obligee by falsely transferring property.

Summary of Evidence

1. The witness I’s legal statement as the wife of the defendant does not seem to have any particular reason, and the defendant pays taxes and public charges on the transfer of registration, and keep the registration-related documents.