beta
(영문) 대전지방법원 서산지원 2014.01.24 2013고정217

민사집행법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in agriculture, and a debtor who borrowed KRW 50,000 from C on August 29, 201.

As the Defendant did not repay the debt by November 30, 201, the due date, the Defendant transferred the claim to the K&A Asset Management Co., Ltd. (hereinafter “Appellant”), on December 21, 201 of the same year, and the complainant, upon receiving the claim, filed an application for the specification of the property with the Daejeon District Court, received the decision to specify the property (201Kau780).

On September 26, 2012, the date of detention judgment, the Defendant owned real estate as indicated in the attached Form D, such as Jin-si, Seogjin-si, but submitted only “21m2,165m2, G 2,227m2, H1,284m2” on the inventory of property.

Accordingly, the Defendant submitted a false list of property on the specified date as the obligor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Application of Acts and subordinate statutes to an order for payment, a protocol of judgment on detention (2012, 281, 2012, 780, 2012, 201), a list of property, oath, and each record of registration;

1. Article 68 (9) of the Civil Execution Act and Article 68 (9) of the same Act concerning the relevant criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is based on the annexed list No. 1.

1. The real estate mentioned in 15 to 15 asserts to the purport that since some shares of the defendant were held in a title trust by a clan owned by the defendant, it does not violate the Civil Execution Act.

The defendant received title trust from a clan, as argued by the defendant.

Even if the above real estate is subject to execution in the compulsory execution procedure requested by the creditor of the defendant, the defendant is subject to the procedure of property specification under the Civil Execution Act.