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(영문) 서울서부지방법원 2020.03.11 2020고정44
민사집행법위반
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Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a representative director of the Heung-gu C building and the B corporation located under subparagraph (D) of this Article, who exercises overall control over the above company’s business.

On February 28, 2019, the Defendant entered into a contract with B on February 28, 2019 to purchase the shares in the land and building on the second floor F. G and above ground (168.45/15/154) at the time of the Government from E, and on the same day, B was entitled to claim the transfer of ownership through the sale of the said real estate by paying the purchase price in full to E.

On March 25, 2019, the Defendant: (a) received a warning from the Suwon District Court (Ha Dong Dong-dong) that “I will be punished if I will attend the meeting on the date designated for the description of the property in the case of “2019Kau22 Property List” and hear the intent of oath; and (b) prepared and submitted a false list of property in a manner that B would not state the right to claim the registration of ownership transfer of the said real estate held by E, despite the receipt of the warning that “I will be punished if I will submit a false list of property.”

2. Defendant B is a corporation aimed at real estate development business.

At the time and place specified in paragraph (1) above, the above A, the representative director of the defendant, prepared and submitted a false list of property concerning the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. A copy of the inventory, a copy of the oath, a reply to inquiry, and a copy of a reply statement;

1. Application of Acts and subordinate statutes to investigation reports (to bound a copy of a real estate sales contract);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 68(10) and (9) of the Civil Execution Act, the choice of fines

(b) Defendant B corporation: Article 68(10) and (9) of the Civil Execution Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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