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(영문) 대전지방법원 천안지원 2015.11.05 2015고정747
민사집행법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the obligor who received the judgment from the obligee C and D that the obligor had the obligation to transfer ownership and to pay KRW 29,926,960 to the obligees in the Daejeon District Court Decision 2014Kadan4695 for the registration of transfer of ownership of automobile.

Around May 6, 2015, the Defendant prepared and submitted a false list of property to the Daejeon District Court located in Dong-dong, Chungcheongnam-gu, Daejeon District Court. Around June 30, 2014, the Defendant completed the transfer registration of ownership of the EMW745LI car and held ownership of the said automobile. However, the Defendant submitted a false list of property by submitting a list of property to the effect that the said court does not have any property in the procedure of issuing an order for property specification as stipulated under Article 2014Kao4023 of the above court.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D or C;

1. Application of the respective Acts and subordinate statutes in the judgment (2014da4695), list of property and register of automobiles:

1. Relevant Article of the Criminal Act and Article 68 (9) of the Civil Execution Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the record of punishment six times (two times a suspended sentence of imprisonment and four times a fine) for the crime of this type, and the crime was committed during the suspended period following the judgment, on the other hand, the transfer of ownership was registered in the name of the defendant as the judgment of civil lawsuit brought by the defendant C and D (the Daejeon District Court Branch Decision 2014Gadan4695) was finalized and the defendant did not receive it, and the defendant agreed to pay off and pay 500,000 won each month between the above creditors and the above creditors, and the above creditors seek the preference of the defendant, and the defendant paid 10,000 won to the above creditors after the completion of the suspended period of execution.

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