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(영문) 수원지방법원 성남지원 2016.10.27 2016고단2121

강제집행면탈

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

On January 10, 207, the Defendants were legally married couple; Defendant A leased the Plaintiff’s 4th 502 housing unit E-4th 2,50,000,000,000 won to F; and Defendant A was subject to a lawsuit claiming the return of the lease deposit on July 31, 2015 from the victim while the Plaintiff was liable for the repayment of KRW 13,000,000,000,000 to F due to the Plaintiff’s failure to refund the lease deposit; on the other hand, Defendant A was subject to a lawsuit claiming the return of the lease deposit; on the other hand, on the part of the Plaintiff on July 31, 2015, G apartment 106, 302, which was registered as the Defendant A, to evade compulsory execution by transferring one-half of the real estate under the name of Defendant B at a place where the location is unknown; and on October 2, 2015, Defendant A concealed one-half of the said real estate registered under Defendant A’s name.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A complaint;

1. Ruling of recommending compromise, and application of Acts and subordinate statutes to full certificate of registered matters;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 327 and 30 of the Criminal Act

1. Defendant A: Imprisonment with prison labor: Selection of a fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1));

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;