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(영문) 수원지방법원 2018.09.05 2018고단3848
강제집행면탈
Text

A defendant shall be punished by imprisonment for four 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

In around 2008, the defendant introduced the apartment sale to the victim B, and paid 16.7 million won for the introduction fee, but the victim proceeded with the return of the introduction fee (Seoul Western District Court Decision 2012Ga Office Decision 32598, 2016Na879) and decided in favor of the victim.

Accordingly, on March 4, 2016, the victim obtained an execution clause valid for compulsory execution and tried to enforce compulsory execution against the defendant's property.

On October 16, 2016, for the purpose of evading compulsory execution, the Defendant entered into a false sales contract with D in a manner of raising trading funds to D through E, F, and G, and transferred the instant real estate by making a false registration of transfer of ownership on the ground of sale in D around the 18th day of the same month, by making a false registration of transfer of ownership on the ground of sale in D future around the same month, by making a false registration of transfer of ownership on the ground of sale in D around the 18th day of the same month, which is owned by the Defendant.

Accordingly, the Defendant transferred the instant real estate to the obligee in order to evade compulsory execution, thereby doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a copy of each judgment, a certificate of all matters to be registered, a list of property, a statement of account transactions with a new bank under the name D, and a report on investigation (as to the result of execution

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The reduction area (one month to eight months) in the reduction area (special sentencing factors) (special sentencing factors): Recovery of damage;

2. The nature of crimes is good in light of the form of crimes to be sentenced and the method of punishment;

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