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(영문) 서울동부지방법원 2015.05.13 2014고정1148
강제집행면탈
Text

Defendants are not guilty.

Reasons

1. The facts charged against Defendant A is a person who served as the representative director of Company E, and Defendant B is a dentist as Defendant A’s wife.

Defendant

A had been directly supplied with equipment, such as electric meters of KRW 150 million, on several occasions between April 2009 and August 2009, from the Victim F (Representative G) Co., Ltd. on or around October 28, 2009, a notary public provided a notarized bill of KRW 150 million of the face value as the issuer “A” and the due date for payment on or around December 30, 2009 to the issuer “A” and “the due date for payment” with the content of recognizing compulsory execution against the promissory note of KRW 150,000,000, the victim Co., Ltd. was liable for the victim Co., Ltd. by purchasing the equipment to be purchased by E Co., Ltd. directly and providing it to E Co., Ltd..

Defendant

A, by November 2010, due to his failure to repay the debt by the due date of the promissory note, A conspired with Defendant B to make a false transfer of H apartment units owned by Mapo-gu Seoul Metropolitan Government H apartment units to Defendant B, the wife, with a view to evading compulsory execution.

Accordingly, around January 19, 201, Defendants were exempted from compulsory execution by falsely transferring the ownership transfer registration based on donation to the above apartment.

2. Defendants and defense counsel’s assertion

A. (1) Defendant A’s transfer by Jin-J 1) Defendant B is the head of Mapo-gu Seoul Metropolitan Government H No. 15-1501 (hereinafter “instant apartment”).

As the completion of the registration of ownership transfer with respect to the registration of ownership transfer is by intention, the facts charged of the instant case cannot be recognized. 2) In other words, the instant apartment is owned by Defendant B, purchased with Defendant B’s funds, and Defendant B planned to open a dental hospital around July 2005, and thus, the hospital opening time is the hospital.

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