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(영문) 대전지방법원 천안지원 2015.10.02 2015고정686
강제집행면탈등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 12, 2002, the defendant borrowed KRW 20 million from the victim C and failed to repay it. The victim received a notice of the commencement of an auction to apply for a compulsory auction against the "Yannam-gu, Chungcheongnam-gu, Seoul, for the purpose of evading the above compulsory execution, and took a false debt for the purpose of evading the above compulsory execution, and received the dividend in the above compulsory auction procedure.

1. On January 10, 2010, the Defendant: (a) called “C applied for auction and prepared a false loan certificate” at its own residence located in Dong-gu, Nam-gu, Dong-gu; and (b) called “E with the same-friendly circuit inside the Defendant; and (c) borrowed KRW 65 million from E from E around January 10, 2010.

The order of payment was finalized on August 9, 2013 after the Daejeon District Court applied for a payment order with the Daejeon District Court on July 16, 2013 on the basis of the above certificate of borrowing.

Accordingly, the defendant bears false debt for the purpose of evading compulsory execution.

2. On January 24, 2014, the Defendant attempted to commit fraud shall attend the procedure for compulsory auction of real estate conducted as F from the support of the Daejeon District Court located in the New-dong, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court, to the F, and prepare an application for a report on a right and a demand for distribution with respect to the borrowed amount of KRW 65 million in the name of E and submit it to the said court for the procedure for compulsory auction of real estate under the name of E, and have a judicial assistant G prepare a distribution schedule stating that the amount of KRW 3062,428 shall be distributed to E, and the Defendant would receive the said dividend by having the said judicial assistant G prepare a distribution schedule stating that the said amount of KRW 3062,42

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding E;

1. Statement made to C by the police statement;

1. Full certificate of matters to be registered, a distribution schedule, a report on rights and a request for distribution, a payment order (as stated in the investigation record No. 59), a decision protocol, a complaint, or a letter of borrowing;

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