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(영문) 의정부지방법원 2014.07.22 2014고단1489
강제집행면탈
Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for ten months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

On September 21, 1995, the Defendants conspired to bear the false debt between Defendant B and the Defendant for the purpose of evading the compulsory execution by filing a lawsuit claiming the ownership transfer registration against Defendant B, which was due to the death of the above G, on the part of the land in Nam-si, Nam-si, the ownership of the Hphae-si, the title trust of which was held by Defendant C and B, on September 21, 1995.

In accordance with the above public offering on January 17, 2013, the Defendants: (a) at the office of movable property of the law firm in Changdong-dong-dong 264-4, the fact at that time was not a loan to Defendant A; (b) Defendant C and Defendant B provided the details of transactions deposited with KRW 160 million from the agricultural bank account in the name of Defendant A; and (c) Defendant C and Defendant B prepared a promissory note and a bill notarial deed in the amount equivalent to the above amount with Defendant B and the payee as Defendant A; and (d) around the 29th of the same month, Defendant C and Defendant B had the issuer as Defendant B and the payee as Defendant A, and had the Government District Court rendered a compulsory decision to commence compulsory sale of bills using the aforesaid notarial deed, and had the obligee bear false debts, thereby doing so.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement to J and K;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 327 and 30 of the Criminal Act and the choice of punishment for the crime - Defendants

1. Suspension of execution - Defendants: The Defendants’ act of disturbing judicial order is not good for committing the crime of this case, such as creating a false claim in collusion among the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act, resulting in the commencement of compulsory auction.

However, the defendants voluntarily withdrawn their application for compulsory auction, and the creditor has won in the lawsuit of ownership transfer registration based on the termination of title trust for the land of this case.

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