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(영문) 서울남부지방법원 2013.11.27 2013고정2107
강제집행면탈
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 7,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B On December 13, 2012, the Seoul Southern District Court was sentenced to two years of imprisonment with prison labor for the crime of evading compulsory execution, and the judgment was finalized on the 21st of the same month. The defendant C is a person who operates a restaurant with the Lee Jin village of the defendant C, and the defendant A is a person who executes a construction for the interior of the building of the defendant E located in Gangseo-gu Seoul Metropolitan Government E.

The victim F filed a divorce lawsuit against Defendant B on May 13, 2008, and registered the provisional seizure of the claim amount of 200 million won in the Gangseo-gu Seoul Metropolitan Government E Site and Building owned on May 13, 2008. On April 6, 2010, the Seoul High Court sentenced Defendant B to the effect that “the victim shall pay the victim KRW 224 million under the pretext of consolation money and division of property.”

1. On April 27, 2010, Defendant B and C filed an application for provisional attachment of KRW 80 million with the claim amount in the name of the creditor C in the name of the creditor of the above real estate owned by Defendant B, pretending that Defendant B had a joint and several liability amounting to KRW 80 million, and the same year.

5.4. Around 4. A registration of the foregoing provisional seizure was made.

As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby damaging the victim.

2. On May 7, 2010, Defendant B, and A had concerns over being subject to compulsory execution from the victim as above at the above Gangseo-gu registry office, and Defendant B registered provisional seizure of KRW 46.5 million in the name of the creditor of the above real estate, pretending to have the obligation to pay construction cost equivalent to KRW 46.5 million against Defendant A, and as such, Defendant B had the obligation to pay construction cost in the name of the creditor of the above real estate.

As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby damaging the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Some of the interrogation records of the prosecution against Defendant A, B, and C are described as 1.

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