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(영문) 수원지방법원 2020.11.26 2020고단1112
강제집행면탈
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

However, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A On April 24, 2018, the Suwon District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for violating the Farmland Act, etc., and the judgment became final and conclusive on October 19, 2018.

A is the owner of a building not registered in Yeongdeungpo-gu, Youngdong-gu C, and Defendant B is the owner of a high school of Defendant A.

Defendant

D, around March 16, 2006, after receiving KRW 200 million from the victim E as investment money for film planning products, the criminal complaint was filed. On June 4, 2008, Defendant A prepared a loan certificate stating that “The amount of KRW 236 million in total investment and interest shall be repaid to the victim until November 30, 2009, and interest accrued after the due date shall be 24% per annum.”

Nevertheless, as Defendant A did not pay the money, the victim filed a lawsuit against Defendant A for a loan claim and received a favorable judgment at the Seoul Eastern District Court on August 27, 2010.

On January 9, 2018, according to the above judgment, the victim received a seizure and collection order as to the rental fee claim of the store, “as to the rental fee claim of the store, which is located on the first floor of the building located in Heung-gu C, Young-gu, Seoul with the permission of the defendant A’s F (name G before his name is opened).

In order to avoid compulsory execution against Defendant A’s claim for rent payments against the store lessee, the Defendants knowingly issued a false promissory note in the future, and subsequently, ordered the Defendant A to attach and attach the claim for rent payments of store rent to Defendant A (hereinafter “the new lessee of store”) according to the promissory note.

Defendant

A around January 23, 2018, at the notary office located in Yong-si, Yong-si, Jho-gu, Yong-si, in order to prepare a promissory note of KRW 500 million at a face value to Defendant B, and Defendant B, based on the said promissory note notarial deed, on February 5, 2018, against Defendant A’s above “H” store.

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