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(영문) 창원지방법원 통영지원 2019.07.08 2019고정97
민사집행법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

It recognizes the changed criminal facts within the extent that it is recognized as identical to the facts charged and is not disadvantageous to the defendant's exercise of defense right.

On October 13, 2015, the Defendant succeeded to the claim amounting to KRW 2,2750,000,00 which the deceased B received from C. On July 11, 2017, the said court rendered a judgment to the effect that the said claim exists on July 11, 2017 with respect to the case of objection raised by the Changwon Branch District Court 2016Kadan6780, which C filed against the Defendant against the Defendant, and the Defendant was served with the said judgment on July 19, 2017, and thus, the Defendant was well aware that the said claim exists.

Nevertheless, on August 22, 2017, the Defendant appeared at the above court No. 309 of the above court No. 309 of the 67th day of the 19th day of the 2017Kao10317 of the above court and taken an oath that the list of property is true, and submitted a false list of property not stating the above inheritance claims to the above court.

[Attachment] The list of property to be submitted by the debtor to the court in accordance with the procedure to specify the property under the Civil Execution Act shall contain all the property subject to compulsory execution (see Supreme Court Decision 2007Do8153, Nov. 29, 2007). The gist of evidence is that the above inheritance claim is still pending in a lawsuit on the above inheritance claim or that a decision to suspend compulsory execution on the above inheritance claim was rendered, and the above inheritance claim cannot be viewed as a property subject to compulsory execution. Thus, the defense counsel's assertion that differs

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The name of the property, the date and time protocol, a copy of the judgment (influence 23 pages), and the application of the statutes of case search;

1. Article 68 (9) of the Civil Execution Act and Article 68 (9) of the same Act concerning criminal facts, the selection 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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