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(영문) 제주지방법원 2019.08.14 2019고정173
강제집행면탈
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 4, 2015, around 2015, the Defendant: (a) paid part of the cost of manufacturing concrete mold that was requested to the victim B; and (b) requested the victim to issue a payment order against the Defendant; and (c) on April 4, 2017, the payment order was finalized to the effect that the Defendant would pay the victim KRW 43 million and interest.

Around July 2017, the victim asked the victim to repay the debt until September 2017, in order for the victim to apply for compulsory execution on the land located in C which he/she owned by the defendant, so the victim suspended compulsory execution by requesting the delay of compulsory execution. The defendant again requested the victim to postpone compulsory execution by October 2017, because he/she failed to repay the debt of the victim even after the lapse of the period.

Nevertheless, on October 30, 2017, the Defendant filed an application for registration of transfer of ownership on the land located in C, which was owned by the above Defendant, with D who is his spouse, to register the transfer of ownership on the same day.

Accordingly, in order to escape compulsory execution, the defendant has harmed the creditor by concealing, destroying or transferring property, making a false assignment or bearing a false obligation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a certificate of entire matters to be registered, certificate of content, written estimate, and payment order;

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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