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(영문) 서울중앙지방법원 2014.04.30 2013고정5317

강제집행면탈

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C leased No. 301 of Songpa-gu Seoul building 301, which was owned under D name, to the victim F, KRW 120,000,000,000, but the deposit was not returned despite the expiration of the lease term, and on July 10, 2012, the victim filed a lawsuit claiming the return of deposit for lease deposit against D and the co-defendant.

On September 18, 2012, C changed the above E-building 301 under the name of the defendant and requested the defendant to change the registration of preservation of ownership in the name of the defendant although there is no cause relationship at the office of a certified judicial scrivener who is not aware of the name in Gangnam-gu Seoul, Gangnam-gu.

On September 27, 2012, the Defendant and C completed the registration of ownership transfer based on sale and purchase in the name of the Defendant from the Seoul East Eastern District Court in Songpa-gu Seoul Songpa-dong.

As above, the Defendant conspired with C to transfer property for the purpose of evading compulsory execution.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Part C and F of the interrogation protocol of the prosecution as to C

1. Part concerning D and F statements in police interrogation protocol (2 times) of D and F statements

1. The police statement concerning F;

1. All matters to be registered (including matters to be cancelled) - Aggregate buildings, copies of a real estate lease contract, judgment document - return of deposit for lease on a deposit basis, business registration certificate (co-contractor G), contents of the case in the Supreme Court - Plaintiff F and preparatory documents applicable;

1. Relevant Articles 327 and 30 of the Criminal Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.