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(영문) 서울중앙지방법원 2013.03.28 2012고정6998

민사집행법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 8, 2004, the complainant B received a payment order of KRW 80,000 from the Seoul Eastern District Court (2004 tea 4786) against the defendant, and against the defendant at the Seoul Central District Court, the Seoul Central District Court made a request for property specification (201KaKa name 9125).

Thus, around March 12, 2012, the Defendant appeared on the date of specification of property opened in the Seoul Central District Court No. 3 (Seoul Central District Court) and took an oath, stating, “I swear that I will prepare and submit the true property list according to conscience, and will be punished if I have concealed or made a false statement.”

On May 31, 2010, from around May 25, 2012 to around May 25, 2012, the Defendant reported that “other income” in items No. 17 of the inventory and “deposits and insurance claims” in items No. 20 of the inventory list were “0 (no corresponding matter) of the Defendant’s property” and submitted a false inventory of property, despite the fact that the Defendant had been holding a deposit claim equivalent to KRW 1,350,00 at the time, and had been holding a deposit claim equivalent to KRW 1,350,00 in our bank.

As a result, the Defendant entered a false property list as a debtor.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Inventory or a loan certificate;

1. Application of Acts and subordinate statutes to a written accusation, written oath, and written statement of property name;

1. Relevant Article of the Criminal Act and Article 68 (9) of the Civil Execution Act concerning the selection of punishment;

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