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(영문) 대구지방법원 서부지원 2017.05.11 2016고단1939
강제집행면탈
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above cases against the defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

[Majority Opinion] On September 9, 2016, Defendant C was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) at the Daejeon High Court on September 9, 2016, and the judgment became final and conclusive on December 15, 2016.

[2] Defendant A and Defendant B did not borrow KRW 70 million from the victim F as the down payment for the auction sale of pentry as the down payment, and the victim did not repay it to the victim F, and the victim was awarded a favorable judgment of the Daegu District Court on November 27, 2013 to the effect that he/she filed a lawsuit claiming the down payment with the Defendant F for the down payment for the agreed payment and the interest on the delayed payment. Although Defendant A appealed, the appeal was dismissed by the Daegu District Court on August 21, 2014, but the appeal was dismissed by the Supreme Court on November 27, 2014.

As above, the Defendants conspired to enforce compulsory execution, and agreed that Defendant A bears the obligation to return the deposit money for lease on the building located in Seogugu G.

1. On April 13, 2014, the Defendants conspired to prepare a lease agreement as if he/she leases K on the side of the above building to Defendant C during the period from May 10, 2014 to May 9, 2019, the lease deposit of KRW 150 million, and monthly rent of KRW 700,000,000, and filed an application for a report on the right and demand for distribution in the case of voluntary auction of real estate applied for by the injured party on January 13, 2015.

However, there was no fact that Defendant C paid KRW 150 million to Defendant A the lease deposit.

As a result, the Defendants conspired to commit a false obligation for the purpose of avoiding compulsory execution.

2. In collusion with the Defendants at the same place as Paragraph 1 of the same paragraph around September 1, 2014, the Defendants: (a) prepare a lease agreement with the Defendant C as if the Defendant C leases the J on the side of the first floor of the above building to the Defendant during the lease period from October 1, 2014 to September 30, 2019; (b) the lease deposit amount of KRW 130 million; and (c) monthly rent of KRW 700,000,000,000; and (d) prepare a lease agreement with the Defendant.

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