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(영문) 수원지방법원 성남지원 2012.10.17 2011고단1922
강제집행면탈
Text

Defendant

A and B Imprisonment for one year, and Defendant C shall be punished by a fine of KRW 7,000,000.

Defendant

C The above fine.

Reasons

Punishment of the crime

Defendant

A is the owner of the 54 square meters of G, Dong H, Dong H, 53 square meters (hereinafter “instant apartment”) and 1001 of the former I apartment 318 Dong, 1001 (hereinafter “instant apartment”). The J guaranteed the Defendant’s above land owned by the Defendant, the guarantor, on November 24, 2009, because the Plaintiff did not repay the instant construction payment obligation to the victim company, and the victim company filed a motion for the payment of the said guaranteed construction payment claim against the said Defendant on June 1, 2010, in collusion with Defendant B, B, and L, with Defendant B, for compulsory execution.

1. Although the Defendants’ co-principals did not bear any obligation against Defendant B, Defendant A pretended to have the obligation to borrow KRW 490 million with respect to the instant land and apartment in the name of Defendant B, and conspired to make a provisional attachment with respect to the instant land and apartment in the name of Defendant B, and around June 20, 2010, Defendant A requested the Defendant C to make a provisional attachment application based on the aforementioned false debt at the office of “O certified judicial scrivener in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.” Accordingly, Defendant C requested the Defendant C to make a provisional attachment application based on the aforementioned false debt at the above date, at the above date, at the above place, at the above time, Defendant B, the obligor, and the borrowed principal at KRW 490 million, and prepared a false loan certificate on October 15, 2009 and applied for the provisional attachment under the name of Defendant B as evidence.

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