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(영문) 춘천지방법원 원주지원 2016.03.29 2016고정61
민사집행법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On October 6, 2014, the Defendant violated the Civil Execution Act: (a) appears on the specified date for property relations set forth at the request of the creditor, who lent KRW 2 million to the Defendant from the court of Chuncheon District Court, 102 on October 6, 2014; and (b) prepares and submits the list of property by omitting the contractual terms of the “Family Love Insurance Co., Ltd. Co., Ltd., Ltd., for the interesting countries that the Defendant entered into in his/her own name,” while preparing and submitting the list of property by omitting the contractual terms of the “I shall prepare and submit the list of property that is true according to conscience, and if any, they shall be punished.”

See the letter "..."

As a result, the Defendant submitted a false list of property as a debtor.

2. On November 26, 2010, the Defendant: (a) received a lawsuit claiming the payment of a loan from the victim who was the applicant of a loan amounting to KRW 2 million; and (b) received a recommendation for performance from the competent court on January 4, 2011; and (c) received an application for specification of property from the injured party on May 30, 2014 because the said decision was not complied with even thereafter; (d) on October 6, 2014, the Defendant was present at the same court on the date for specification of property relations, and submitted a false list of property as referred to in the foregoing 1.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the creditor who is the creditor.

Summary of Evidence

1. Statement by the defendant in court;

1. Electronic litigation data;

1. A list of property;

1. Oath;

1. Application of Acts and subordinate statutes on recommendations for implementation;

1. Article 327 of the Criminal Act applicable to the facts constituting an offense (the point of evasion of compulsory execution) and Article 68 (9) of the Civil Execution Act (the point of submission of a false list of property);

1. Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment prescribed for the crime of evading a punishment where a punishment is heavier than that of a compulsory execution);

1. Selection of an alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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