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(영문) 의정부지방법원 2016.04.08 2015고단2370

강제집행면탈

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

A around March 10, 2010, extended a loan of KRW 10 million to the victim D and received interest by the number of days, etc. from the victim until May 1, 2014.

On September 24, 2014, the victim filed a lawsuit against the defendant Eul with the Seoul Eastern District Court (Seoul Eastern District Court 2014 Gohap 108360). On the same day, the victim filed a provisional attachment against the defendant Eul with the Seoul Eastern District Court for the claim for return of unjust profits, and against the defendant Eul's 1 floor in Southyang-si, E detached Housing 1, 500 million won in return of unjust profits and 200 million won in return for the defendant's 302 building, respectively, on October 20, 2014 (Seoul East District Court 2014KaKak, 101391), and the defendant Gap filed a provisional attachment with the defendant Eul's office "I will bear false debts under the name of the defendant Eul, who is the defendant, and the defendant Eul had the provisional attachment with the defendant Eul's office around October 23, 2014."

The purport of “B” is that “B created a collateral security as if it had a claim against D,” and the fact that B consented thereto is as if Defendant A was liable for the debt of KRW 400 million with the loan, the issuer made Defendant A to issue a promissory note of KRW 400 million with Defendant B, and the obligee made a written contract for the creation of a collateral security with the maximum amount of the claim amount of KRW 400 million with Defendant B, debtor, and the obligor as Defendant A, and the obligee completed the registration of the establishment of the collateral security amount of KRW 400 million with the maximum amount of the claim against the real estate owned by the above Defendant A on the same day.

As a result, the Defendants conspired to commit a false obligation of KRW 400 million in order to escape compulsory execution from the injured party.

(i) the evidence;