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(영문) 서울동부지방법원 2017.07.06 2016고단3906
강제집행면탈
Text

Defendant

A Imprisonment with prison labor for ten months, for defendant B and C, for six months.

However, as to Defendant B and C, this shall not apply.

Reasons

Punishment of the crime

Defendant

A reported the victim F and the victim F on August 12, 1994, but on February 28, 2013, the victim filed a lawsuit of divorce, etc. against the Defendant A with the Seoul Family Court on April 15, 2015, and the Seoul Family Court sentenced the first instance judgment at the Seoul Family Court on December 21, 2015. On April 12, 2016, the said judgment became final and conclusive by the Supreme Court on April 12, 2016, and divorced; Defendant B is the co-born of Defendant A, Defendant A and Defendant B.

Defendant

A, on February 19, 2013, the victim, with his children who had the mind of divorce, left away from the Seoul Gangnam-gu G lending 302 without any prior notice, and thus the claim for divorce, division of property, etc. was anticipated. On March 19, 2013, the victim conspired with the Defendant B and the Defendant C to conceal the property by transferring the deposit and real estate in the name of the Defendant A in the name of Defendant B and the Defendant C, or by completing the registration of transfer of ownership, or by completing the registration of transfer of ownership, for the purpose of evading compulsory execution.

1. Joint crimes committed by Defendant A and Defendant B

A. Defendant A and B, who jointly and severally liable for false debt equivalent to KRW 370 million, had been liable for a false debt amounting to KRW 370 million, at a new bank camping-dong located in Seongbuk-gu, Sungnam-si on March 28, 2013, the fact that Defendant B loaned KRW 370 million to Defendant A three times during the period from May 19, 1989 to April 30, 1990, even though the fact that Defendant B had not leased KRW 370 million to Defendant A.

Then, in writing three copies of the loan certificate stating “A”, Defendant A incurred false debt by remitting the amount of KRW 370 million to the new bank account (I) in the name of Defendant B from the new bank account (H) in the name of Defendant B.

B. The Defendant A and B conspired to conceal KRW 350 million by remitting KRW 350 million from the new bank account (H) in the name of the Defendant B to the (I) bank account in the name of the Defendant B at the same point within the number of new banks located at 366 o-ro Ma-ro 366, Sungnam-si, Sung-nam-si on April 4, 2013.

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