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(영문) 부산지방법원 2021.03.25 2020고정1340
민사집행법위반
Text

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

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

Reasons

Punishment of the crime

On May 18, 2020, according to the Busan District Court's decision for specification of property requested by the creditor B to Busan District Court, the defendant appeared at the 31 Busan District Court's 31 Busan District Court on the date for specification of property held at the Busan District Court's 31 Busan District Court. The defendant presented a false list of property by omitting the deposit claims of KRW 268,82 won, KRW 309,882 won, KRW 309,882 won, KRW 83,636 won, and the D Bank's account.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of the F’s criminal complaint;

1. A list of property;

1. C A certificate of deposit balance, notification of seizure of post offices finance, the current status of opening of a D bank account, and application of Acts and subordinate statutes of E;

1. Relevant legal provisions concerning facts constituting a crime and Article 68 (9) of the Civil Execution Act concerning the choice of punishment (Optional to a penalty);

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

1. After the Defendant was prosecuted for the instant crime, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, the Defendant agreed with the creditor (incriminor) stated in the facts constituting the instant crime, and the creditor submitted a written application for non-compliance with the punishment.

Each deposit claim that the defendant did not enter in the list of property is relatively small, and the defendant does not seem to have neglected the above deposit claim in bad faith from the list of property.

In addition, all the sentencing conditions shown in the arguments of this case, such as the background of the crime of this case, the circumstances before and after the crime of this case, the age of the defendant, and the environment, shall be determined as ordered

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