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(영문) 서울중앙지방법원 2013.04.29 2013고정1274

민사집행법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 1, 2010, the Defendant received the Seoul Central District Court Decision 2010Kao9522, which was the obligee B, the obligor, the executive title of the obligee B, the obligor, and the title of the title “Seoul Central District Court 2010Kaso619, an executory exemplification of the final and conclusive judgment in the damage compensation case.”

At around 14:00 on April 25, 201, the Defendant submitted a false inventory of property, without stating 45/100 of the respective 45/100 of the 9th class D Buildings No. 901 and 1001 of the 10th class 10, which are owned by the Defendant, from the date of property specification according to the decision of property specification, the Defendant submitted a false inventory of property, stating only “(501), 801 of the 5th class E building E, Incheon, No. 501, No. 801 of the 8th class D Building No. 301 of the 1st class D building, other than Seoul Jongno-gu Seoul, and one parcel No. 301,

Summary of Evidence

1. Partial statement of the defendant;

1. Statement (B);

1. Application of Acts and subordinate statutes on copies of evidential materials, such as the written decision on recommendations for execution;

1. Relevant Article of the Criminal Act and Article 68 (9) of the Civil Execution Act concerning the selection of punishment;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant stated the obligee B’s claim on the property list that is sufficient to fully repay the obligee B’s claim on the property list. The Defendant stated the obligee B’s claim on the property list.

② The defendant's only part of his own property is a lawyer's advice to describe only some of his own property.

③ Since then, the Defendant repaid all obligations to creditors B.

2. Determination ① The property list to be submitted by the debtor to a court pursuant to the procedure for specification of property under the Civil Execution Act shall include all the property subject to compulsory execution, irrespective of whether there is any substantial value

(see, e.g., Supreme Court Decision 2007Do8153, Nov. 29, 2007). An obligor, upon receipt of a decision to specify the property, is one’s own property subject to compulsory execution.