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(영문) 의정부지방법원 고양지원 2015.03.06 2014고단2841

강제집행면탈

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 15, 2008, the Defendant jointly and severally guaranteed a loan of KRW 1 billion from the victim D Co., Ltd., but the Defendant failed to repay the loan by December 31, 2008, which is due date, and the Defendant filed a lawsuit for a loan claim (2012Gahap990) with the Seoul Western District Court on January 27, 2012, the Defendant was likely to be subject to compulsory execution from the victim.

On February 23, 2012, the Defendant is likely to be subject to compulsory execution from the victim, and, based on false debt, the Defendant created a collateral security with six persons, such as E, F, G, H, Ha, and E, on the real estate owned by the Defendant, with the intention to register the creation of a neighboring mortgage on the real estate owned by the Defendant, and the J, her relatives, as creditors. Upon receipt of dividends through the distribution procedure, the Defendant again requested a return of dividends, and received consent from six persons, such as E, etc.

On March 6, 2012, the Defendant concluded a collective security agreement with the Seoul Northern District Court located as the Seoul Northern District Court located as the Dobong-gu Seoul Metropolitan Government District Court, the Goyang-gu District Court located in the Geumcheon-gun District Court, and the Dongcheon-gun District Court located in the Seocheon-gun District Court. The Defendant had a total of KRW 1,391,160,000,000, 305, 100,000, 305, 300, 400, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 100, 1005, 100, 100, 1005, 100, 1005, 200, 300, 204, 1000.

Accordingly, the defendant is a creditor by bearing false debts in collusion with E, F, G, H, I, and J for the purpose of evading the victim's compulsory execution.