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Defendant
A Imprisonment for four months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. On January 8, 2014, Defendant A was urged by the victim D, who is the obligee having a claim equivalent to KRW 300 million, to repay the debt, and the victim, who is the husband of the female, brought a civil action against the Defendant against the Defendant through F, another obligee, the Defendant conspired with the Defendant to transfer the said fact to G, who is likely to be subject to compulsory execution on the part of the victim, the real estate owned by him/her, to whom he/she is the wife of the Defendant’s real estate.
In collusion with G, the Defendant transferred the registration of ownership transfer on January 16, 2014 to G by means of completing the registration of ownership transfer under the name of G on January 17, 2014, the first floor Nos. 101 and 201 of Seocho-gu Seoul Metropolitan Government H No. 101, the second floor No. 201 of the second floor, Seoul Seocho-gu I and 1 lots J building No. 131 of the first floor, and the first floor No. 104 of the Dongjak-gu Seoul Metropolitan Government K Building No. 104
Accordingly, the defendant, in collusion with G, transferred property to the creditor in order to escape compulsory execution, thereby doing so.
2. On January 28, 2014, the Defendants: (a) filed a lawsuit against Defendant A to file a loan claim with the Seoul Central District Court; and (b) rendered a favorable judgment on April 18, 2014, the Defendants were likely to be subject to compulsory execution on the part of the victim; and (c) made a false provisional registration on the real estate owned by Defendant A under the name of Defendant B, his father, for the real estate owned by Defendant A; and (d) on August 4, 2014, the Defendants paid a false debt by filing a false registration on the part of the Plaintiff’s right to claim a transfer of all shares, based on the pre-sale of the share of 1/5 of the fourth-class building in Seocho-gu Seoul Metropolitan City, Inc.
As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby damaging the obligee as a creditor.
Summary of Evidence
1. Defendants’ respective legal statements
1. Defendant A