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(영문) 서울동부지방법원 2018.05.11 2017고정1298

민사집행법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a representative director of the D Co., Ltd. operating a golf course in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

On May 22, 2017, the Defendant: (a) prepared and submitted a list of assets, etc. subject to compulsory execution on the specified date for the case for request for specification of property relation (name 5045, title 2016, title 5045) to the Daejeon District Court as the claimant’s debt; (b) prepared a list of assets, etc. on May 22, 2017, when the Defendant took an oath without entering the fact that the deposit of KRW 4,741,132 is made in the head of the Tong-gu Agricultural Cooperative established in the dispatching Agricultural Cooperative under the name of the representative director of the Daejeon District Court; and (c) submitted a list of false assets.

2. The Defendant and his defense counsel asserted to the effect that, on April 28, 2017, the Defendant was appointed as the representative director of D Co., Ltd. (hereinafter “instant corporation”) and that the Defendant did not have any intention to submit a list of assets without recognizing that he was the deposit of the said corporation (hereinafter “the instant deposit”) to the Song-gu Agricultural Cooperative without recognizing the fact that he was not aware of his business status.

In light of the evidence duly adopted and examined by this court and the following circumstances revealed by the record, the Defendant may be deemed to have not known the existence of the instant deposit at the time of submitting the list of property, or to have no balance in the account of the dispatched agricultural cooperative with FF’s bond seizure and collection order, which might be deemed as follows. The evidence submitted by the Prosecutor alone, even though the Defendant was aware of the existence of the instant deposit at the time of submitting the list of property, submitted the list of property by intentionally omitting it.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

(1) On April 28, 2017, the Defendant was appointed as the representative director of the instant corporation, and thereafter, he/she was thereafter appointed.