(영문) 부산지방법원 2013.05.06 2012고정5933

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(영문) 부산지방법원 2013.05.06 2012고정5933

민사집행법위반

Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

On January 30, 2012, the Defendant prepared and submitted a false list of property in 2010da11449 (201Kao4715) as to the case of filing an application for specification of property (201Kao4715) based on the judgment of the Preliminary Claim No. 20149, which the Defendant filed against C with the Busan District Court, on January 30, 2012, at the Busan District Court No. 307, and prepared and submitted a list of property at the time of taking an oath and preparing and submitting a list of property, the Defendant, a representative liquidator, was 5 lots of real estate C, the representative liquidator, including “no corresponding matter” in the entire list of the above list.

Summary of Evidence

1. Statement to the effect that the defendant was present at the trial to specify the property of the juristic person without confirming the property relations of the juristic person in which he/she has served as a representative liquidator among the prosecutor examination protocol of the accused;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 68 (10) and (9) of the Civil Execution Act (Selection of Fines) concerning the relevant criminal facts and the selection of punishment;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act (a) of the suspended sentence is deemed to be a crime with dolusence, rather than a final perception of submission of a false inventory; in the case of each real estate of this case which omitted entry on the inventory value, considering the overall amount of debts borne by the juristic person of this case in comparison with the market price, the effectiveness of compulsory execution seems to be almost nonexistent in light of the overall amount of debts borne by the juristic person of this case, and the Defendant’s age and character and behavior, and the defense counsel’s assertion as to the assertion of the Defendant and defense counsel, since the completion of liquidation registration on the juristic person of this case has been completed,

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