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(영문) 제주지방법원 2011.10.06 2011고단556
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On March 2005, Defendants A agreed to operate a game room business with the victim E and the game room business and invested KRW 200 million from the victim and operated the game room from around that time. Defendant A decided on September 30, 2005 that the victim would be liable for the money borrowed from the bank for investment instead of removing losses from the game room business, and the victim would withdraw from the game room business with the consent of the victim.

On August 30, 2007, Defendant A filed a claim suit from the victim to the Jeju District Court, such as the agreed amount that Defendant A as the defendant, with the Jeju District Court, and entered the specific risk of compulsory execution.

Accordingly, Defendant A, around August 9, 2010, offered a notarial deed by a notary public in the name of the law firm office located in Jeju Island, while Defendant B loaned KRW 2.5 million to Defendant A from May 2010 to July 22, 2010, Defendant B demanded that Defendant B prepare a notarial deed by raising the amount of credit in favor of securing the claim. Accordingly, the Defendants agreed to prepare a notarial deed by adding the amount of KRW 2.5 million to the actual amount of KRW 2.5 million for the purpose of evading compulsory execution.

On August 9, 2010, the Defendants drafted a notarial deed as if Defendant B lent KRW 3.5 million to Defendant A on May 10, 2010 according to the above public offering.

As a result, the Defendants conspired to commit a false debt amounting to KRW 100 million for the purpose of evading compulsory execution.

2. The Defendant’s sole crime committed by Defendant A was filed by E on August 30, 2007 under the name of the “G convenience store” business operator operated by the Defendant within the F Building in Seocho-si, for the purpose of evading compulsory execution upon the occurrence of a specific risk of being subject to compulsory execution by filing a lawsuit from E on August 30, 207.

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