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Reasons
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(영문) 광주지방법원 목포지원 2013.10.22 2013고단1195
강제집행면탈
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 8, 2005, the Defendant borrowed a total of KRW 200 million from C and D, and promised to repay a total of KRW 260 million including interest of KRW 60 million until December 12, 2005, but the Defendant failed to pay the above amount. On August 12, 2008, the obligee sent a notice of contents to the Defendant and sent it to the Defendant for compulsory execution and criminal complaint to secure the claim, and the Defendant did not pay the borrowed amount by August 29, 2008, and did so in the name of E provisional registration, etc. on the real estate owned by the Defendant as security.

1. Around February 2, 2009, the Defendant remitted KRW 90 million to E. On the same day, E withdraws the above money in cash and deposited it into the agricultural bank account under the name of the Defendant, and then, as to No. 103 502 of the F building owned by the Defendant, the registration of the right to claim ownership transfer based on the E’s purchase and sale promise was completed.

2. Around February 3, 2009, the Defendant remitted KRW 20 million to E, and E withdraws the above money from cash on the same day to the agricultural bank account in the name of the Defendant, and deposited the passbook into the agricultural bank account in the name of the Defendant. On February 17, 2012, the vehicle number was changed to H with the transfer of the name to E on February 17, 2012.

On February 17, 2012, the Korean government established a right to collateral security in the future for the Vietnam-Korean passenger car and transferred its ownership to E in the name of E.

As a result, the Defendant borrowed a total of KRW 100 million from E twice, and secured real estate and automobiles as security, thereby bearing false liabilities by having the appearance as if they had completed a provisional registration for the right to demand ownership transfer as above.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each police statement made to D or C;

1. A copy of the authentic deed, a copy of each passbook, a certified copy of the register, and a remittance receipt;

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