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(영문) 의정부지방법원 2014.06.19 2014고단413
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of sentencing.

Reasons

Punishment of the crime

On July 20, 2008, the Defendant entered into a lease contract with D Apartment 402 Dong 1501 at the time of government owned by C and Defendant as of September 9, 201, setting the lease deposit as of September 10, 2008 and the period from September 10, 2008 to September 9, 2010.

On the other hand, around August 6, 2010, the Defendant leased G apartment units 2204 Dong 2001 from the lessor E (F acquires the lessor’s status from June 1, 201) to the end of September 11, 2012, with a deposit of KRW 2204 Dong 2001,00 won, monthly rent of KRW 650,000,000, and the period from September 11, 2010 to September 11, 2012.

Around January 5, 2011, the victim was unable to receive the above deposit KRW 75 million, and the Government District Court filed a lawsuit against the defendant to claim the return of the deposit (the above court 201Gahap8086) and sentenced on February 22, 2012, "the defendant shall pay KRW 75,000,000 to the plaintiff at the time of delivery of the above D Apartment 402 Dong 1501 from the plaintiff," and around August 13, 2012, the above G apartment lease deposit against the defendant F was issued a collection order (the above court 20,000,000,000 won) with the title of execution, and the above order was served on the F around August 17, 2012 and served on the defendant around the F.

As above, the Defendant had the victim filed a civil lawsuit against the victim, in collusion with H (around May 27, 201, marriage report) with respect to KRW 20 million, and transferred the right of lease to H by falsely transferring the right of lease of KRW 2204, 2001, G apartment to H. Around June 1, 201 with H, TBB, which was located in Hanam-si, with H, to change the lessor from the real estate to F and the lessee with respect to KRW 2204, 2001, as well as H, to H, and the contract date, to make a new lease agreement with the retroactive statement on August 6, 2010.

Accordingly, the defendant is exempt from compulsory execution in collusion with H.

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