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(영문) 의정부지방법원 2017.06.08 2017고정471
민사집행법위반
Text

The defendant shall be innocent.

Reasons

1. On September 15, 2015, the Defendant, the creditor of the facts charged, appeared on the date of specification of property pursuant to the final judgment on the acquisition of the property (No. 2015, No. 4457), which was applied by the complainant to the District Court around 15:00, pursuant to the ruling on the acquisition of the property (No. 2015, No. 44

In fact, on September 15, 2015, the Defendant did not have a claim of KRW 30 million to Defendant’s child C, but did not have a claim, and submitted a false list of property by stating the claim against C in the court (No. 1 New Sub-section 1) No. 7 of the Jung-gu District Court (No. 1) around September 15, 2015.

2. According to the evidence duly adopted and examined by this court, and in particular, “a copy of the list of property” as stated in the facts charged, it can be recognized that the Defendant did not have any indication in the “pre-paid claim” column of the “type of property” among the “type of property” in the list of property presented by the Defendant in the case for specification of property (Korean District Court Decision 2015Kao, 4457) as stated in the facts charged. Thus, the Defendant stated that the Defendant did not have any monetary claim on the above list.

It is reasonable to view it.

The evidence alone submitted by the prosecutor alone that the defendant entered the claim against C in the property list as his active property.

It is difficult to see, and there is no other evidence to acknowledge it.

Since the facts charged in this case constitute a time when there is no proof of crime, the Criminal Procedure Act Article 325 of the Criminal Procedure Act shall be sentenced to innocence.

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