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(영문) 수원지방법원 안산지원 2015.08.25 2013고단133
강제집행면탈
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2010, the Defendant borrowed KRW 500,000 from the Corporation of the Republic of Korea, which is a victimized company, KRW 500,00,00,00 for business funds, and jointly with the said 5,00,00 won under the name of the said 5,00 won for promissory notes to the victimized company.

On the other hand, the Defendant newly built a unregistered house with E as a project owner around November, 201, on the unit F, G, and H ground in Ansan-si, the Defendant’s ownership of the Defendant registered under the name of E, and around November 2010.

However, on June 14, 201, the above damaged company filed an application for an auction on the said land and housing in accordance with the Notarial Deed of the said Promissory Notes on the ground of the default of payment of debt, and the Defendant, upon auction, at the risk that the Defendant alone would pay the debt amounting to KRW 500 million, was at the risk that the Defendant alone would pay the debt amounting to KRW 500 million. In order to evade compulsory execution, the Defendant was willing

Therefore, the Defendant: (a) took the form of moving the said house to J or I in the name of the payment for the construction cost; (b) on August 24, 2011, the Defendant filed an application for the change of the name of the owner from E to I in its fraudulent manner; and (c) on August 30, 2011, the change of the name of the owner of the said house was completed in the name of the owner of the said house.

However, in order to suspend the above auction and to set the time for the injured company to jointly repay the debt to the injured company, the name of the owner was changed in the name of the owner under the name of the owner, and both J and I did not have any intention or ability to own the above house.

As above, the Defendant, in collusion with the above E, I, etc., evaded compulsory execution by changing the name of the owner of the above house and transferring it to I, thereby evading compulsory execution by the victimized company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness K, L, M, N, andO in the protocol of the fourth, sixth, and seventh trial;

1. Each prosecutor's office against the defendant and I.

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