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(영문) 수원지방법원 안산지원 2014.02.17 2013고단2364

강제집행면탈

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is the head of Defendant B.

Defendant

A, around July 23, 1998, has the obligation to pay the victim E a KRW 91,500,000 for borrowed money, and around July 30, 1998, around July 30, 1998, A had registered the creation of a neighboring mortgage with a maximum debt amount of KRW 130,00,000 for five parcels, including the F. 265 square meters, owned by the Defendant, and failed to repay the said debt amount.

Accordingly, on June 18, 2007, the victim applied for a voluntary auction on the above five parcels after filing an application for the registration of the establishment of a neighboring mortgage on March 14, 2008, but was distributed KRW 78,439,896 from the auction court on March 14, 2008, but was not paid the principal and interest 12,480,979.

Defendant

A made it clear on November 2008 that, with the intention of evading compulsory execution by a person who is likely to be subject to compulsory execution from the victim with respect to housing G204 in Ansan-si, the defendant's ownership, it would make the registration of the establishment of a neighboring mortgage and the registration of the transfer of a false collateral security by bearing a false debt to the defendant B, who will be subject to the defendant B's fraudulent act (the de facto de facto marital relationship at the time) of the defendant, and conspired to make a false registration of the establishment of a neighboring mortgage and a false registration of

1. The Defendants: (a) pursuant to the above public offering prior to November 6, 2008, at the office of the Defendant A with the I market No. 8-15, Dong Dong-gu I market H located in Ansan-si, Dong-si; and (b) as if the Defendant A had a debt equivalent to KRW 250 million in spite of the Defendant’s absence of any debt to the Defendant B, the Defendants pretended to the effect that “B, including the monthly wage of KRW 64,800,000,000 which was demanded by B, created a collateral security agreement, and submitted to the public official in charge of Ansan-si, who was unable to know of the fact on November 6, 2008, the Defendant’s housing owned by the Defendant A, including the Defendant A, the mortgagee B, and the maximum debt amount, shall be KRW 250,500,000.