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(영문) 서울동부지방법원 2013.06.12 2013고정738
강제집행면탈
Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

【Defendant A is the representative director of the Company C (hereinafter “Company”), and Defendant B is the director of the said Company, and there was a “E factory” located in D located in the market price of approximately 3-400 million won with the primary property of the said Company, but Defendant A received investment of KRW 50 million from F at the time of acquiring it by auction. Defendant A received additional investment of KRW 42 million in the said Company from F, and Defendant A received additional investment of KRW 42 million in the said Company from F, and the said Company had a total of KRW 92 million.

Accordingly, on December 31, 2010, F made a provisional attachment registration against the above company, which is 92 million won in the amount claimed to the E factory as a creditor, and immediately had the attitude to file a lawsuit on the merits, and thus, the Defendants are expected to be subject to compulsory execution.

On the other hand, on February 16, 2010, the E plant completed the registration of creation of a mortgage with a maximum amount of 312 million won for female fisheries cooperatives, which is the first secured mortgage on February 16, 2010.

【Criminal Facts】 The Defendants conspired to receive dividends in proportion to F in the distribution procedure by having the said company bear the false goods payment liability against G even though the said company did not have any obligation against G in preparation for the commencement of the compulsory execution procedure against the E factory, and by having it complete the registration of establishment of a neighboring establishment with the creditors of G as the creditors, even though there is no obligation against G.

Accordingly, around June 2, 2011, Defendant B had H certified judicial scrivener complete the registration of establishment of a mortgage on the above E-factory with the maximum debt amount of 50 million won, G with the right to collateral security, and the debtor company.

Accordingly, the Defendants conspired to cause the said company to bear false debt for the purpose of evading compulsory execution by creditors such as F, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1.The police of F. F.

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