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(영문) 서울남부지방법원 2015.10.13 2015고단2417
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On November 20, 2012, A was sentenced to imprisonment of one year and six months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on March 16, 2013.

Defendant

A entered into a contract with the victim F on September 6, 2010 under the name of the Ministry E to purchase the Helel building and site located in Seocheon-gu, Nowon-gu, Seoul (hereinafter “instant real estate”). On October 20, 2010, upon entering into a joint investment agreement with the victim, A made payment of KRW 200 million to the victim by December 31, 2010. On October 20, 2010, A completed the joint ownership registration of the instant real estate, holding one half of the victims, and completed the joint ownership registration of the instant real estate, but Defendant A failed to pay KRW 200 million to the victim by the agreed date, and the victim filed an application for provisional attachment registration of the instant real estate based on the agreed amount claim 200 million won on January 17, 201.

The Defendants decided to set up a false collateral security with respect to E shares in order to escape the victim from compulsory execution by provisionally seizing the shares of the instant real estate.

Accordingly, around April 28, 2011, Defendant B had his seal affixed to Defendant A, the wife, and Defendant A prepared a false loan certificate as if Nonparty B borrowed KRW 200 million from Defendant B using the above seal at his own residence of Gangseo-gu Seoul Metropolitan Government I loan 301, and based on this, Defendant B completed the registration of establishment of a collateral security with respect to the E portion of the instant real estate via a certified judicial scrivener in the Busan District Court’s Vice Branch Branch of Incheon District Court’s Branch of Branch on September 14, 201 to the effect that the right to collateral security is set up with respect to the E portion of the instant real estate as the mortgagee B and the maximum debt amount of KRW 30 million.

As a result, the Defendants conspired with the victim to bear a false obligation for the purpose of avoiding compulsory execution.

Summary of Evidence

1. Defendants’ respective legal statements

1. E.

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