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(영문) 부산지방법원 2015.06.04 2014고단6486
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered to the Defendants.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2015, Defendant B was sentenced to a suspended sentence of two years at the Busan District Court due to the charge of forging private documents and sentenced to a suspended sentence of two years at the Busan District Court for the same year.

5. It was finalized on 28.

【Criminal Facts】

1. Around December 2003, Defendant B, who was aware of compulsory execution, borrowed KRW 30 million from the victim H as a contract price, and incurred a debt equivalent to that amount by borrowing KRW 200 million on several occasions from that time to July 2008. On August 25, 2009, Defendant B drafted a notarial deed of debt repayment with the content of having to repay the said debt by the victim’s demand on February 25, 2010.

Defendant

B, in the event that the above repayment period has failed to pay the debt, the victim was highly likely to take legal measures such as compulsory execution against his own property, and the victim was willing to lend and conceal the name of the defendant A, a building on the I site 199.4 square meters in Jung-gu, Busan, Jung-gu.

Defendant

B On April 25, 2011, on the 199.4 square meters of land I, Jung-gu, Busan, the Republic of Korea registered the preservation of ownership in the name of Defendant A on May 9, 2013.

As a result, the Defendants conspired to conceal Defendant B’s property in order to escape from compulsory execution.

2. Around March 22, 2011, Defendant B in violation of the Act on the Registration of Real Estate Real Name and Place of Real Estate Ownership, purchased from J the land of 199.4m2 from Busan Jung-gu, Busan from Jung-gu, Busan, and entered into a title trust agreement with Defendant A to register the ownership transfer of the said real estate in the name of Defendant A.

After that, on April 25, 2011, Defendant B completed the registration of ownership transfer in the name of Defendant A, a title trustee, at the Busan District Court of Busan, which was located in Busan, Seo-dong.

Accordingly, Defendant B, the title truster, registered the ownership of the above real estate in the name of Defendant A according to the above title trust agreement.

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