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(영문) 대전지방법원 2015.07.22 2015고정272
강제집행면탈
Text

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

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendant

A on March 10, 2006, is the nominal owner of the Seo-gu Daejeon E Apartment No. 104, 804, and 804 (hereinafter “instant apartment”) purchased with the funds of the victim before the victim’s marriage, and Defendant B becomes aware of the Defendant A upon the introduction of a police officer in early 2012.

The Defendants decided to file a divorce lawsuit against the victim on the ground that Defendant A requested a divorce against the victim but the victim was expected to proceed with compulsory execution, such as provisional seizure, on the basis of the claim for division of property, etc. In order to evade this, the Defendants conspired to conclude that Defendant A had a monetary relationship with Defendant B and completed the registration of establishment of a neighboring mortgage to secure this, and Defendant A borrowed KRW 20 million from Defendant B around March 20, 2012, around May 9, 2012, respectively, and completed two false loan certificates with the intent of borrowing KRW 30 million from Defendant A around May 20, 2012. On May 9, 2012, the Defendants filed an application for the registration of establishment of a mortgage with the Daejeon District Court located in Seo-gu, Daejeon, Daejeon District Court at KRW 78,700,000,000.

Summary of Evidence

1. Legal statement of witness D;

1. Some statements made by the Defendants in the suspect interrogation protocol of each prosecutor about the Defendants

1. Statement by the prosecution concerning D;

1. Written opinion submitted by the complainant;

1. The Daejeon Family Court Decision 2012Dhap1859; and

1. Investigation report by the Daejeon Family Court;

1. Each report on investigation (around 494 pages, 542 pages, 559 pages, 562 pages);

1. Application of each statute;

1. Relevant Articles 327 and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment (the accuseds);

1. Articles 70(1) and 69(2) (one million won a day) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act:

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