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(영문) 대전지방법원 2014.05.16 2014고단596
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by a fine of two million won.

Defendant

B The above fine shall be imposed.

Reasons

Punishment of the crime

1. On July 19, 199, the Defendants’ co-principal Defendant A jointly and severally guaranteed the obligation to borrow loans to D victim E. On August 19, 199. On August 18, 2006, the victim won part of D in the first instance trial on June 1, 2009 after filing a lawsuit for a loan claim against DF Defendant A with the Daejeon District Court. On June 4, 2010, the Daejeon High Court rendered the winning part of DF Defendant A with the judgment dismissing the appeal.

Defendant

A, on April 28, 2009, with the failure of mediation at the first instance court on May 14, 2009, after the conclusion of the pleadings on May 14, 2009, proposed to register the transfer of a passenger car under his name to Defendant B, and offered a false transfer of a passenger car with the consent of Defendant B, and made a false transfer of a passenger car to the creditor with the intention of evading compulsory execution by completing the registration of transfer of ownership due to sale under Defendant B’s name on May 209.

2. On March 31, 2010, Defendant A concealed property with a view to evading compulsory execution by transferring KRW 90 million deposited in the Defendant’s Agricultural Cooperative Account (Account Number: H) from April 5, 2010 to the Agricultural Cooperative Account in his/her father I’s name that he/she managed, and thereby undermining the obligee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Inspection of each Internet case, each judgment, register of automobiles, statement of transactions, correction of correction, and each decision;

1. The Defendants asserted that the act recorded in the facts constituting an offense is lawful following the termination of the title trust, on the grounds that Defendant A’s husband K entrusted the trust of the vehicle and deposit to Defendant A, on the grounds that the Defendants’ husband K trusted the vehicle and deposit to Defendant A.

between the Parties;

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