강제집행면탈등
The punishment of the accused shall be determined by a year of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
As a result of the examination of evidence, only part of the loan debt clearly recognized as the result of the examination recognized the victim's liability.
(C) In light of the actual value of the Defendant’s property as well as the amount of debts owed by false means, even if only some of the loans are granted, there is no difficulty in establishing a crime of evading compulsory execution, and there is no concern that the Defendant’s right of defense may be infringed. The Defendant borrowed from the related party B (Nam and 60 years of age) who was known from May 17, 2015 to the bank in order to execute the remaining loans of Kimpo-si, Kimpo-si on May 17, 2018 at least KRW 50 million from the money to be deposited into the bank, and at least KRW 50 million from the victim.
1. On July 2, 2018, the Defendant: (a) received a certificate of June 29, 2018 (Peremptory Notice) from the victim, stating that “I would be urged to immediately repay all of the civil and criminal claims with the supporting evidence,” and that I would like to evade compulsory execution by having the victim registered the creation of a false mortgage with respect to the above C apartment owned by the Defendant, who is likely to be subject to compulsory execution.”
Although the Defendant did not borrow KRW 200 million from D, on July 3, 2018, the notary public in the Gu E and F requested the preparation of a notarial deed under a monetary loan agreement with the content that the Defendant borrowed KRW 200 million from D at the law firm G office as if the Defendant borrowed KRW 200 million from D, and made the preparation of it on July 4, 2018, at the Incheon District Court Branch Branch Branch of the Incheon District Court, in the 16th Kimpo-si, Kimpo-si, Kim Jong-si, located in the 16th day of Kimpo-si, the registration of the establishment of the notarial deed with the maximum debt amount of KRW 260 million,000,000 as the mortgagee
By doing so, the defendant bears false debt in order to escape compulsory execution, and is the creditor.