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(영문) 서울북부지방법원 2017.06.28 2017고정671
강제집행면탈등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 14, 2015, the Defendant exempted compulsory execution by concealing the Defendant’s property by changing the lease deposit amount of KRW 40,000,000 to the lessee’s name, which was in the name of the Defendant, to his/her own name, in the case of a loan claim filed by the victim E against the Defendant on January 16, 2015.

2. On January 16, 2015, the Defendant violated the Civil Execution Act (hereinafter “Civil Execution Act”) filed against the Defendant, the Seoul Southern District Court Decision 2014Gabu District Court Decision 95853, which ruled against the Defendant on January 16, 2015, and the said judgment became final and conclusive by dismissal of the appeal on February 18, 2016.

On May 23, 2016, the Defendant received a written notice from the Seoul Northern District Court to submit a list of property specifying the status of the property.

Although the Defendant, on May 14, 2015, entered and submitted the property disposed of without compensation in the list of property within two years from the date on which the order to specify the property was served, the lessee of the contract of KRW 40,000,000,000, in the name of the Defendant, has been arbitrarily changed from the Defendant to his/her father’s name, and such change was not entered in the list of

Accordingly, the defendant submitted a false list of property to the court's order for specification of property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the judgment (Seoul Southern District Court 2014 Ghana 95853);

1. A copy of a contract for the lease of commercial housing;

1. A copy of the written decision on property specification (Seoul Northern District Court 2016k name 1436);

1. Application of Acts and subordinate statutes on the progress of each trial;

1. Article 327 of the Criminal Act applicable to the facts constituting a crime (the point of evasion of compulsory execution) and Article 68 (9) of the Civil Execution Act (the same shall apply in falsity);

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