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(영문) 광주지방법원 2016.08.18 2016고단546
강제집행면탈
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, the Defendants are subject to this.

Reasons

Punishment of the crime

Defendant

A purchase of the F-owned G land and building that is subject to the right to collateral security for the total amount of KRW 970 million, such as the right to collateral security of KRW 360,000,000 for the amount of KRW 300,000,000 for the claim of KRW 300,000,000 for the claim of KRW 970,000,000 for the claim of KRW

At the same time, the victim requested cancellation of the registration of the establishment of the right to collateral security, and the defendant B is responsible for the repayment of the obligation.

On July 3, 2014, on the above real estate, the victim's right to collateral security was cancelled and the ownership transfer registration of Defendant A was completed.

However, the Defendants did not pay KRW 300 million to the victims, and the victims filed an order to pay the said debt with the Southern District Court on October 6, 2014 to the Defendants for the payment of the said debt, and it was anticipated that the Defendants were subject to compulsory execution against the Defendants’ property, such as serving the Defendants on October 13, 2014 or on October 14, 2014.

The Defendants were willing to register the creation of a false collateral security to secure money corresponding to the maximum amount of claims even if they were forced to enforce compulsory execution against the said real estate from the injured party for the foregoing reasons.

On November 7, 2014, the Defendants prepared an application for the registration of the establishment of a right to collateral security with a maximum amount of KRW 960 million for the said real estate to J, B, and A, even though the Defendants did not have a third party debt to the amount of KRW 960 million with respect to the said real estate, the Defendants made a registration of the establishment of a right to collateral security to collateral security with a certified judicial scrivener in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, the Seoul District Court I received the application from the third party, and made the registration of the establishment of a right to collateral security with I to a certified judicial scrivener in the Young-gu, Young-gu, Young-gu, Young-gu, the Republic of Korea District Court located in 21 on November 10,

Accordingly, the Defendants conspired with each other.

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