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(영문) 서울중앙지방법원 2017.01.25 2016고정4012

민사집행법위반

Text

Defendant

A shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 300,000.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. The debtor of the defendant A shall not submit a false list of property on the date for specification of property conducted in accordance with the Civil Execution Act;

Nevertheless, on May 11, 2015, the Defendant, as the representative of the debtor corporation B, appeared on the specified date of the property specification case (Seoul Central District Court 2014Kao, 11994), which was initiated at the request of the creditor, at the Seoul Central District Court 4, 157, Seocho-gu, Seoul Central District Court 157, as the center of Seocho-gu, Seoul Central Transportation Development Institute (Seoul Central District Court 2014Kao, 11994), and submitted a false property list by failing to state the monetary claims worth KRW 1.025 million owned by the corporation B, notwithstanding the existence of monetary claims, etc.

2. Defendant B Co., Ltd. submitted a false list of property related to the business at the time and place described in the above 1.1. The representative A, as described in the above 1.1.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A detailed statement of sales on credit;

1. Complaint;

1. Statement made by the police against C;

1. Seoul Central District Court 2016 (j) 123;

1. An application for property list;

1. Application of Acts and subordinate statutes to matters registered;

1. Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: Articles 68(10) and (9) of the Civil Execution Act; the choice of fines (Defendant A)

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act