강제집행면탈
Defendant
A and B shall be punished by imprisonment for four months, and by imprisonment for eight months, respectively.
except that from the date of this judgment.
Punishment of the crime
Defendant
A and B are between siblings, and Defendant C is a mother of Defendant A and B and a customer of F, a seller of cosmetics.
Defendant
On August 16, 2009, G, the mother of A and B, died without paying KRW 50 million from the victim H. On February 2, 2010, the victim filed a loan claim lawsuit against Defendant A and B, the inheritor, Defendant A and B, who had been inherited from G on February 2, 2010, attempted to transfer the amount of 427 square meters prior to I in Gyeonggi-gu, Gyeonggi-do, G, which was jointly owned by the police officer, to another person for the purpose of evading the victim’s compulsory execution. The circumstances asked F to ask the Defendant C to identify the false purchaser again, and Defendant C acted in that order.
On May 10, 2010, the Defendants prepared a false sales contract to sell the said land at KRW 20 million to the J, which had decided to purchase the said land by introducing Defendant C from the office of a non-certified judicial scrivener located in the Gyeonggi-gun, and completed the registration of ownership transfer for the said land to J at the branch of the Suwon District Court located in the Gyeonggi-gun, the Gyeonggi-gun, the 12th day of the same month.
As a result, the Defendants conspired to transfer the said land to J for the purpose of evading compulsory execution by the victim.
Summary of Evidence
1. Defendants’ legal statement
1. The suspect interrogation protocol of the defendant A and B by the prosecution;
1. The prosecutor's statement concerning the F;
1. Application of statutes to certified copies of judgment and documents to be submitted when applying for registration;
1. Relevant Articles 327 and 30 of the Criminal Act concerning criminal facts; the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (The amount of credit for a victim, value of real estate in this case, degree of participation by each defendant, etc.);