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(영문) 전주지방법원 정읍지원 2015.10.06 2015고단84
강제집행면탈
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

On December 17, 2013, A was sentenced to six months of imprisonment with prison labor and two years of suspended execution for fraud, etc. at the Jeonju District Court on December 17, 2013, and the judgment became final and conclusive on December 25, 2013.

Defendant

A around December 31, 2002, around 31, 2002, after being appointed as a joint and several surety, A borrowed KRW 20 million from the victim F.

Defendant

A did not repay the above loan by December 31, 2003. The victim filed a lawsuit seeking the return of loan against the defendant A, D, and E on December 29, 2004 and received a decision of performance recommendation that "the defendant shall jointly and severally pay to the plaintiff 20 million won" in the Jeonju District Court's branch on December 29, 2004, and on March 25, 2005, the Jeonju District Court issued a collection order and attachment of the claim on July 31, 2007 (merger with H) by the creditor F, the debtor D, and the third debtor G Co., Ltd. (H).

Accordingly, Defendant A, who is likely to be subject to compulsory execution on the payment claim of D, pretended to bear the obligation against Defendant B, and Defendant B agreed to collect the payment claim of D, the wife of Defendant A, by means of repayment of the payment claim.

Defendant

B, inasmuch as there was no loan claim against Defendant A, even though there was no claim against said person’s wife to jointly and severally liable for the loan, the loan account book was prepared as if there was a loan claim of KRW 150 million. On January 6, 2012, a notarial deed was prepared at the J law Office located in Seojin-gu Seoul Special Metropolitan City, with the creditor B and the debtor D, and on January 26, 2012, the former District Court received a collection order from the former District Court to deliver it to H representative director after receiving the claim attachment and collection order from September 2012 to December 2, 2013.

The purpose of this, thereby, is to avoid compulsory execution by the victim in collusion.

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