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(영문) 대전지방법원 2016.03.30 2015고단3072
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant has borne approximately KRW 288,00,000 as to the victim D's debt.

On September 5, 2011, the victim received a provisional attachment order from the Jeonju District Court on the loan claims that the defendant has against E, and the above decision was served on the defendant around that time.

In order to escape compulsory execution, on October 17, 201, the Defendant: (a) at the G Certified Judicial Scriveners Office located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) transferred a loan claim of approximately KRW 200 million to H (hereinafter “H”); and (c) the loan claim of KRW 43, 112, 160, 160, 87, 112, and 199 of the first underground floor; and (b) the loan claim of KRW 175,000,000 to H, and the loan claim of KRW 104,37, 91, 171, 172, and 91 of the second underground floor to each of the above I building, which is the representative of H, to the victim by falsely transferring the mortgage claim of KRW 200,000,000,000 to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Decision on provisional seizure of each loan certificate, mediation protocol, and claims;

1. A contract for transfer of each claim, notice of transfer of claim, and certificate of all matters registered;

1. Application of Acts and subordinate statutes to each investigation report (L, hearing of Justice's statement, and verification of provisional seizure);

1. Relevant Article 327 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The scope of recommendation, sentence (from June to one year) according to the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be determined as follows: (a) the basic area (from June to one year) and the following circumstances shall be considered in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act;

Unfavorable circumstances: A favorable circumstance such as the fact that the amount of a false claim is not high: The fact that there is no record of crime, and there is no record of crime, and the fact that the claim and security are recovered, and the victim is not punished by the defendant.

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