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(영문) 인천지방법원 2016.01.13 2015고단6668
강제집행면탈
Text

Defendant

A Imprisonment for four months, Defendant B shall be punished by a fine of 9,00,000 won, and Defendant C shall be punished by imprisonment for six months.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the owner of F apartment house 102 Dong 1202, Nam-gu, Incheon, and the defendant C is the head of defendant A, and the defendant B is the person who operates the certified judicial scrivener office in the above G.

Defendant

On September 28, 2010, A had concerns over being subject to compulsory execution, such as provisional seizure, against the above apartment by means of a claim for loan amounting to KRW 500 million against the Defendant, etc. A. For the purpose of evading this, Defendant C and ASEAN, in consultation with Defendant C and H, have borne a false debt to Defendant C, and Defendant C had the right to ownership of the above apartment by establishing the right to collateral security based on the false debt on the above apartment. Defendant C requested Defendant B to bear the above false debt burden, and Defendant B conspired to the Defendants in order by accepting it.

Defendant

B around November 17, 2010, at the new bank Incheon Branch of the Incheon Incheon Incheon District Court, 163 Doo-ro 17 (Schoolly Doo-dong), deposited the said money in cash at the new bank account of Defendant B by H et al., and Defendant B transferred the said money to Defendant A’s Saemaul Bank Account on the same day with the Internet banking, and completed the registration of establishment of a collateral security right with respect to the said apartment on the same day with the maximum amount of 210 million won, the debtor, and the debtor as the mortgagee B.

As a result, the Defendants conspired to commit an act of evading compulsory execution by bearing false debt, thereby undermining the obligee.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Each judgment (2010 provisional loans, 16928 loans, 2012Na 68608 loans);

1. A certificate of all registered matters;

1. Inquiries of transaction details, certificates of transaction details by transaction account, and application of Acts and subordinate statutes to academicly-protected Saemaul replies;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 327 and 30 of the Criminal Act

1. As to Defendant A and C, each of their imprisonment with prison labor and Defendant B.

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