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(영문) 춘천지방법원 강릉지원 2018.03.21 2017고단1464
강제집행면탈등
Text

Defendant

A Imprisonment with prison labor for six months, for defendant B and C, for four months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On May 26, 2011, A filed a claim for a loan against Defendant A with the victim E, “Defendant A shall pay KRW 350,000,000 to the victim and interest thereon,” which became final and conclusive on June 11, 201 after having been sentenced to the above judgment. The victim, based on the above judgment on December 19, 2016, issued a seizure and collection order with Defendant A as the third debtor, F (open Name G) and H as the third debtor, and the said third debtor deposited KRW 285,236,612 in total on December 21, 201, with intent to escape the above compulsory execution, it was believed that the said third debtor was liable for the debt to Defendant C and the defendant for the purpose of avoiding the above compulsory execution.

1. Joint crimes committed by Defendant A and Defendant C

A. On January 9, 2017, the Defendants conspired with the Defendants to evade compulsory execution, stating that “C”, “C”, “the date of issuance”, “561,200,000 won”, and “Y in Gangwon-do” as “K in Gangwon-do,” and subsequently, evaded compulsory execution with respect to promissory notes on which the seals of Defendant A are affixed and sealed by the notary public’s J office located in Gangseo-si I, Gangwon-si, and the issuer’s seal.

B. In collusion, the Defendants conspired to commit fraud, on January 11, 2017, on the grounds that, in the distribution procedure for the said deposit, the distribution procedure for the said deposit was made with a false claim as prescribed in Article 1-A, the Defendants were dismissed and attempted on the ground that the Defendants did not make a lawful demand for distribution by the deadline for the completion of the demand for distribution, even though they did not demand a lawful demand for distribution by the deadline for the completion of the demand for distribution.

2. Joint crimes committed by Defendant A and Defendant B

A. The Defendants evading compulsory execution are against Promissory Notes, in collusion, with the date and time stated in Section 1-A, “B”, “B”, “B”, “5,00,000 won”, “A”, and “A”, with respect to Promissory Notes, on which the Defendant’s seal affixed thereon is affixed.

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