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(영문) 인천지방법원 2018.01.05 2017고단6326
강제집행면탈
Text

Defendant

A Imprisonment of eight months, Defendant B and C shall be punished by imprisonment of six months, and Defendant D shall be punished by imprisonment of four months.

(b).

Reasons

Punishment of the crime

Defendant

A around July 13, 2015, the creditor I applied for a seizure and collection order (the Incheon District Court No. 2015, 19849) against the wage claim against the transportation company, which is the third party debt, and the seizure and collection order (the Incheon District Court No. 2015, 19849) on July 17, 2015, and served the above decision on the tri exchange transportation on July 22, 2015. At that time, upon receiving the seizure and collection order from the creditor on the above wage claim, he/she attempted to prepare a fair copy of the deed as it bears the obligation to pay the respective false bills to the defendant B, C, and the defendant D, for the purpose of avoiding compulsory execution against the above wage claim. Accordingly, he/she conspired to receive the seizure and collection order accordingly.

1. On August 19, 2015, Defendant A and Defendants B simultaneously prepare an authentic copy of a bill with the content that “if the notary public located in the Nam-gu Incheon District Court issued a promissory note of KRW 85 million as of August 26, 2015, to B, and the payment of the amount is delayed, it shall be recognized that there is no objection even if it is immediately subject to compulsory execution.” On August 27, 2015, the Defendants prepared an authentic copy of the bill with the content that “if the notary public located in the Nam-gu Incheon District Court issued a promissory note of KRW 85 million as of August 26, 2015, the payment date shall be August 27, 2015, the Incheon District Court attached the authentic copy of the above false content to the application for the seizure and collection order, and submitted it to it on August 31, 2015, and received the seizure and collection order.

As a result, the Defendants conspired to commit a false obligation for the purpose of avoiding compulsory execution.

2. On September 22, 2015, Defendant A and the Defendants: (a) prepare an authentic copy of a bill of exchange with the content that “In the event a notary public located in Nam-gu Incheon Metropolitan City L has issued a promissory note of KRW 30 million as of September 29, 2015, to C; and (b) in the event that the payment of the bill is delayed, if the payment of the bill is delayed, it shall be recognized that there is no objection even if it is immediately forced execution; and (c) attach the authentic copy of the bill of exchange with the application for the issuance of a seizure and collection order of claim No. 27160, Oct. 1, 2015, the Incheon District Court 2015, as of October 1, 2015.

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