(영문) 서울북부지방법원 2015.01.16 2014고단1417

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(영문) 서울북부지방법원 2015.01.16 2014고단1417

강제집행면탈

Text

Defendant

A shall be punished by a fine of 4 million won and by imprisonment of 6 months with prison labor for Defendant B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

In a case where the Defendants borrowed KRW 300 million from the victim E on November 2, 2006 and did not repay the said money until December 31, 2007, the Defendants agreed to transfer the lease deposit, etc. to the victims in the Dongjak-gu Seoul Metropolitan Government Government Gagwon located in the name of the Defendant A, the Dong-in. The victims agreed to transfer the said KRW 300 million to the victims. As the Defendants were unable to repay the said KRW 300 million, they conducted compulsory execution on July 9, 2008 on the corporeal movables of the said Ggyeongwon as the title of execution.

The Defendants conspired to change the leased name of the said G G G G G G G G G G G G G GG from the Defendant’s wife, Defendant A, the title of the lease of the said G G G G G G G G G G G G G, in the individual rehabilitation procedure applied on July 10, 2008, on September 1, 2008, the victim filed an immediate appeal on September 1, 2008, and even according to the Defendant B’s assertion on August 2009, the victim conspired to change the leased name of the said G G G G to the Defendant’s wife

Defendant

On August 25, 2009, A entered into a contract with the lessor on August 25, 2009 to change the lessee in the name of H on the ground that the lessor was the lessor and the lessor was the lessor on the ground that the lease deposit was 50,000.

As a result, the Defendants concealed the property under the name of the Defendant A and harmed the victim as the obligee.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of the witness J;

1. Part of the prosecution examination protocol against the Defendants

1. A copy of a notarial deed (No. 865, 2006);

1. A copy of a certificate of authentication (No. 2498, 2006);

1. Report on attachment of corporeal movables;

1. Each real estate lease contract;

1. A decision on individual rehabilitation;

1. Application of a part of the Acts and subordinate statutes to which A applied for individual rehabilitation;

1. Articles 327 and 30 of the Criminal Act concerning the facts constituting the crime;