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(영문) 의정부지방법원 고양지원 2015.10.16 2015고단808

강제집행면탈

Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A and B are simple husband and wife, and Defendant C is the child of the above Defendants.

Defendant

A borrowed KRW 30 million from F on February 18, 2008, KRW 14.4% per annum on April 18, 2008, and KRW 34 million per annum on February 18, 2008, and due date for repayment on February 18, 2009 and April 18, 2009.

G was entrusted by F with the collection of the above credit from F, from October 209 to H factories operated jointly by Defendant A and Defendant B from time to time. On April 16, 2010, the H entrance was set off as a part of the demand for repayment of debt, and around May 2, 2010, the Defendant demanded that Defendant A enter B in the existing loan certificate with Defendant A as an obligor.

1. Defendant A and Defendant C conspired with Defendant C to register the transfer of false name with respect to the said vehicle for the purpose of evading compulsory execution against the IW, which is the only property under one’s own name, for the purpose of evading the compulsory execution against the said vehicle.

On April 23, 2010, the Defendants registered the vehicle in the name of the Defendant C on the ground of the party transaction transfer, although the Defendants did not transfer the said vehicle to the Defendant C, the Defendants registered the vehicle in the name of the Defendant C on the ground of the party transaction transfer.

Accordingly, the Defendants conspired to transfer the above vehicle to the obligee by false transfer, thereby doing so to F.

2. Defendant A and the Defendants conspired to ship out and conceal the factory machinery for the purpose of evading compulsory execution against H factories and their property whose representative is Defendant B.

On May 19, 2010, the Defendants, as well as H factories located in theJ of Pakistan-si on May 19, 2010, f was snicked on the truck brought by the winners of two plastic withdrawals in the above factories, thereby making it impossible for the Defendants to know the location thereof.

As a result, the Defendants conspired with each other to withdraw.