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(영문) 전주지방법원 군산지원 2017.01.06 2016고정338
민사집행법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the manufacturing industry under the trade name of C.

Where a creditor applies for the specification of a debtor's property to the court, and where the court determines it, the debtor shall submit a list of assets that clearly state the real estate subject to compulsory execution by the date designated by the court, and shall not submit a false list of assets.

On October 7, 2015, according to the Jeonju District Court's decision on the property specification of 1605 Ka name 1605 Ka name 1605, the Defendant was urged to be punished when submitting a false property list at the court of the Jeonju District Court No. 101, 2015, and submitted a property list.

그런데 피고인은 이와 같이 재산 목록을 제출하면서 피고인 소유 D 봉고 킹 캡 차량( 시 세 약 70만원) 및 밀링( 규격 1.5호), CO2 용접기, 압출기( 압출 사이즈 3㎠ ~12 ㎠) 등 3점의 기계장비들을 누락하였다.

Accordingly, the Defendant violated the list by submitting a false list of property at the above date and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A list of property;

1. Assessment statement and motor vehicle registration ledger;

1. On-site photographs [the defendant's identity is that the above vehicle or the machinery and instruments are not entered in the property list because of lack of economic value and there was no intention to submit a false property list, but there is a justifiable reason to determine whether the defendant independently entered in the property list in accordance with the property specification procedure under the Civil Execution Act, all of the property subject to compulsory execution [the motor vehicles subject to registration (Article 28 (2) 2 of the Civil Execution Act) and all of the machinery (Article 28 (2) 15 of the same paragraph) which are subject to compulsory execution without relation as to whether there is substantial value in the property list to be submitted by the debtor according to the property specification procedure under the Civil Execution Act;

It is difficult to see that the defendant's above assertion is rejected (Supreme Court Decision 2007. 2007.).

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