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(영문) 서울남부지방법원 2014.04.10 2014고단559
강제집행면탈등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2011, the Defendant evaded compulsory execution: (a) borrowed KRW 30 million from the victim B with the maturity specified on October 30, 2012; and (b) issued promissory notes with the issuer, the Defendant, and the victim as the victim on October 30, 2012; and (c) was notarized in order for the victim to enforce compulsory execution against the Plaintiff’s Gangseo-gu Seoul Metropolitan Government C Apartment 103 Dong 1401, which are owned by the Defendant if he/she did not pay the money at the maturity.

At the time, the Defendant had received a loan of KRW 385 million with the above apartment as security, and around February 2012, the Defendant sold the Defendant’s spouse D commercial buildings, and repaid the Defendant’s debt of KRW 250 million including the secured loan, but around February 2013, the amount of the Defendant’s debt to the victim, card company, bank, etc. exceeds KRW 90 million with the Defendant’s debt of KRW 90 million with the Defendant’s income, and the Defendant’s debt interest and repayment cannot be repaid with the Defendant’s payment due to the decline in the apartment price, and the obligor including the victim, etc. was anticipated to sell the apartment building owned by the Defendant due to the decline in the apartment price, and thus, in order to avoid compulsory execution by selling the above apartment building in the form of exchange with the third party and selling the property in the name of D and selling it.

Accordingly, on July 16, 2012, the Defendant decided to exchange the apartment with E and F with three persons, and transferred the apartment owned by the Defendant to E, while the apartment owned by E is transferred to F, and the G apartment owned by F is transferred to F, and on September 6, 2012, the Defendant concealed the property with the intention to escape from compulsory execution by transferring ownership in the name of D other than the Defendant.

2. The debtor in violation of the Debtor Rehabilitation and Bankruptcy Act shall either conceal any property with the intention of pursuing his own interest or any other person's interest, or damaging the creditor.

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