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Reasons
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(영문) 대전지방법원 서산지원 2015.11.13 2015고단779
강제집행면탈
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant was at risk of being subject to compulsory execution against the Defendant’s property by losing the purchase price of KRW 1.2336 million filed by the victim D in a lawsuit claiming refund of KRW 1.26 million, and at that time, was at risk of causing the Defendant’s property to be subject to false debt and establishing a mortgage on the Defendant’s property.

On May 19, 2015, the Defendant, at the G Judicial scrivener office located in the F of Jinjin-si, prepared a mortgage agreement with the mortgagee E and the debtor holding the concurrent office as the Defendant. On the 20th day of the same month, the Defendant established a mortgage agreement with the obligee E, based on the above mortgage agreement, on three lots of land, including the maximum amount of 150 million won and 456 square meters, which are owned by the Defendant at the Cheongjin-si, Jin-si, the Cheongjin-si, the Cheongjin-si, the 140 square meters of land owned by the Defendant

Accordingly, the defendant bears false obligations in order to escape compulsory execution, and has harmed the victim who is the creditor.

Summary of Evidence

1. Defendant's legal statement;

1. Court rulings;

1. A certified copy of the register;

1. Application of Acts and subordinate statutes demanding the payment of claims;

1. Article 327 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The suspension of execution reflects the error in sentencing under Article 62(1) of the Criminal Act, the fact that there is no same criminal record, the fact that the registration of the creation of collateral security at issue was voluntarily cancelled as of November 5, 2015, and all other conditions of sentencing as shown in the records and arguments of the instant case shall be determined by taking into account the following factors:

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