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(영문) 서울중앙지방법원 2014.02.07 2011고정7068
강제집행면탈
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Based on the judgment in favor of the Defendant in a lawsuit seeking the revocation of a fraudulent act filed by D against the Defendant, the Defendant: (a) applied for the registration of subrogation on the right to claim the transfer of ownership that is able to exercise an agreement on payment in kind to FF et al. and 13 persons, who are the original owner of the real estate; and (b) applied for the compulsory auction on the said real estate; and (c) had the intention to avoid compulsory execution of D by changing D’s name to his/her father’s name.

On December 9, 2010, the Defendant: (a) registered the transfer of the ownership for the said 204 subparagraph from the Seoul Northern District Court’s registry office located in Jung-gu, Jung-gu, Seoul, to the Defendant on the ground of a payment and payment agreement with respect to the said 204; and (b) at the same time, submitted a real estate sales contract, etc. prepared as if he/she sold the said 204 subparagraph to G around November 25, 2010 to G in the name of G, even though the said 204 subparagraph is not transferred to his/her his/her father’s wife.

Accordingly, the defendant transferred property falsely for the purpose of evading compulsory execution.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness G;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police officer in relation to H;

1. A investigation report (Submission ofA data);

1. Decision to recommend reconciliation (2007dan27318), decision (2009Kadan42686), decision (207Na36031); and

1. A certified copy of the register;

1. A copy of bankbook;

1. Application for a compulsory auction or application for auction of immovables;

1. Application of Acts and subordinate statutes on a real estate sales contract, an apartment lease contract, and a loan transaction agreement;

1. Relevant Article 327 of the Criminal Act concerning the facts constituting an offense and Article 327 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The evidence of each judgment of conviction under Article 334(1) of the Criminal Procedure Act is admitted to the provisional payment order.

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