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(영문) 부산지방법원 동부지원 2013.09.04 2013고단2291

강제집행면탈등

Text

In the case of the crimes of the first and second crimes in the judgment of the defendant, three months of imprisonment, and four months of imprisonment for the crimes of the second crimes in the judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 21, 2011, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Busan District Court, which became final and conclusive on April 17, 2012, and is currently serving the sentence in the Busan Correctional Institution.

【Criminal Facts】

1. Around September 8, 2009, the Defendant evaded compulsory execution against C, on behalf of the Defendant, who was the owner, leased F 302 No. 55 million won as security deposit and two years as security deposit to C on behalf of the Defendant, who was the owner of the building.

On March 24, 2010, the Defendant served a certificate of the content of demanding water leakage inspection and remuneration under the FF 302 from C, and around April 23, 2010, the Defendant served with C a certificate of the content that “to terminate the lease contract, to demand the return of the deposit, and to file a lawsuit claiming the return of the deposit or to request the payment order when failing to comply with the request” on the ground that the leased object was defective, and the Defendant’s property might be subject to compulsory execution.

For the purpose of evading this, the Defendant prepared a false sales contract on September 16, 2010 with the purport of evading this, stating that the registration of preservation of ownership is completed in the name of the Defendant’s child, at the Busan District Court Branch of Dong-dong, Busan District Court, Busan Branch of Dong-dong, Busan Branch of Dong-dong, and at the H office located in Dong-gu, Busan, around September 17, 2010, at the H office located in Suwon-gu, Busan, and around September 17, 2010, that “D sells the shares of land E 188.4/695, and 2/5 of the above F shares of the above ground to the I Co., Ltd. operated by the Defendant,” and completed the registration of ownership transfer in the name of the above Co., Ltd. on September 20, 2010.

Accordingly, in order to escape compulsory execution, the defendant transferred property by fraudulent transfer to the creditor.

2. The Defendant is the representative director of J Co., Ltd and K Co., Ltd.

On March 2012, the defendant was held in title trust in Busan detention center located in the 3-dong, Busan, and the defendant's son.