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(영문) 서울동부지방법원 2015.01.28 2014고단2271

강제집행면탈

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants: (a) declared in favor of the Plaintiff on September 9, 2010, and the judgment became final and conclusive on December 9, 2010; and (b) intended to evade compulsory execution against those who are likely to be subject to compulsory execution, the Defendants agreed to bear the false obligation owed by Defendant A to Defendant A as the debtor.

In fact, there was no lease contract with the lessor A, the lessee B, and the lease deposit amount of KRW 250 million with respect to the above apartment.

Nevertheless, around March 17, 2011, the Defendants prepared a false lease agreement with the same contents as the above, and obtained a fixed date at the Song-2 Dong community service center on April 12, 201.

Accordingly, in order to escape compulsory execution, the Defendants conspired, and thereby, caused the obligee to bear false debt against the Defendant B.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Each police statement to F and E;

1. Each investigation report - accompanying documents

1. Confirmation of facts and a copy of a letter of payment, request for exclusion of right of lease and dividend, judgment, certified copy of register, report of right and request for distribution, real estate lease contract, decision of non-prosecution, and written opinion of resignation;

1. Application of Acts and subordinate statutes governing recording records;

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;