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(영문) 의정부지방법원 2017.07.20 2017고정1110
민사집행법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No debtor shall submit a false list of property on the date stipulated for property.

Nevertheless, the Defendant is correct as above, in the case of an application for specification of property (2016 Ka name 1601) filed by creditors B at the Jung-gu District Court No. 19 on November 9, 2016, the 393,354,227 won in total, including 12 12 square meters in total, including 394,416,175 square meters in total, for the purpose of evading compulsory execution by attending the fixed date for specification of property opened by creditors B pursuant to Section 19 of the Jung-gu District Court No. 234 a. 16, 2016, in order to avoid compulsory execution by attending the fixed date for specification of property (2016 Ka name 1601). It is obvious that it is a clerical error in the calculation, and as such, it does not materially disadvantage the Defendant’s exercise of his right to defense.

Although a considerable amount of real estate was owned, a false asset list was submitted without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, copy of a list of property, details of response to property inquiries, and a statement made by the police against B;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions concerning criminal facts, Article 68(9) of the Civil Execution Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; and (b) the fact that there is no record of any special criminal punishment except for the punishment of a fine imposed on the violation of the Building Act around 1997 by a violation of the Building Act.

On the other hand, however, the crime of this case in which the defendant appeared on the specified date and submitted a list of false properties, in light of the contents and methods of the crime, etc., the crime of this case in which the nature of the crime is not less and less than that of the crime, the property omitted is relatively large, the balance of general punishment in the same and similar cases, and the age, sexual behavior, intelligence and environment of the defendant as shown in the pleading of this case, and

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