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(영문) 인천지방법원 2013.11.07 2013고단4586
강제집행면탈
Text

Defendant

A shall be punished by a fine of 1.5 million won, and by imprisonment of Defendant B with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is the owner of K Apartment No. 201, 712, and 2 lots outside Seo-gu, Seo-gu, Incheon, and the defendant A is a dead money relationship.

Defendant

B On September 28, 2010, L had a risk of being subject to compulsory execution, such as provisional seizure, against the above real estate under the name of the defendant, such as filing a lawsuit against the defendant against the Incheon District Court for a loan claim amounting to KRW 500 million. On September 28, 2010, L had assumed a false debt with the defendant for the purpose of evading this, and had the defendant created the right to collateral security based on the fraudulent debt with the intention to establish the above real estate, and offered it in order by requesting the defendant A

On November 24, 2010, the Defendant deposited 140,000,000 won in cash in the account of the Defendant in the account of the Defendant through the Defendant’s wife N in the Nam-gu Incheon Metropolitan City, the Defendant deposited the said KRW 140,00,000 in the same place, and the Defendant deposited the said KRW 140,00,000 in the account in the name of the Defendant B, and transferred documents necessary for the establishment of the right to collateral security, such as a certified copy of his resident registration, to the saidN on November 25, 2010, and completed the registration of the establishment of the right to collateral security with respect to the said real property with the maximum debt amount of KRW 180,000,000, the debtor B,

As a result, the Defendants conspired to commit fraud to the creditor by evading compulsory execution by means of burden of false debt.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's office and police suspect examination protocol against the Defendants;

1. Statement of the police concerning L;

1. Complaint;

1. Each loan made under the name of Defendant B in relation to one bank, including a copy of each judgment, a complaint, a certified copy of the register of accounts, a copy of passbooks, a copy of deposit certificate, and a statement of transactions, was determined to the effect that the right to claim restitution of unjust enrichment against N is established as the purchase price provided by N in the relevant civil final and conclusive judgment, and Defendant B lends the name of the loan to N and imposes a burden on repayment of the debt.

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