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(영문) 서울중앙지방법원 2017.06.15 2017고단47
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

On June 17, 2011, the Defendants conspired to set up a collateral security right by pretending that Defendant A had a debt, even though there was a debt, on the part of Defendant E, 105, 105, 101, and 16 units of Franpo City F Building Nos. 101, the 16 units of F F building owned by Defendant A, the creditor G, based on the claim KRW 600,000,000, at the Seoul Central District Court 201KaMo 2707, with a view to evading this.

Defendant

A, on July 21, 201, using identification cards and seal impressions received from Defendant B, set up a collateral on the said 13 units of F building owned by Defendant A, “B, the maximum amount of 1.22 billion won, and debtor A,” and additionally set up a collateral on the said two units of F building on November 21, 201, and around June 19, 201, the said collateral security was additionally set up for the said three units of F building and the dividends back to the victim out of the successful bid price.

As a result, the Defendants conspired to commit a false debt with the intent to escape from compulsory execution, thereby damaging the victim as the obligee.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the police in relation to G;

1. Copy of the police statement protocol against H (Evidence No. 26), copy of the police interrogation protocol against the defendant B (Evidence No. 27), copy of the police interrogation protocol against the defendant A (Evidence No. 28), copy of the police interrogation protocol against the defendant A (Evidence No. 29) and copy of the interrogation protocol against the defendant B (Evidence No. 29)

1. A copy of each judgment (Evidence Nos 2 and 3), a written decision on provisional seizure (Evidence Nos. 4), a whole certificate of registered matters, a copy of agreement, and a copy of a contract for assignment of claims (the Defendants, after Defendant B subsequently lent considerable funds to Defendant A, set up a right of attention in each of the instant cases.

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