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(영문) 부산지방법원 2018.11.21 2018고단1813
강제집행면탈
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2017, the defendant was sentenced to a suspended sentence of four years for imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on the same month.

9. The above judgment becomes final and conclusive and is still in the suspension of execution.

On September 27, 2013, the Defendant: (a) purchased from Doha-gu, Busan; and (b) registered the transfer of ownership in the name of Doha-gu, Busan; (c) purchased from Doha-gu, Busan; and (d) registered the transfer of ownership in E in the name of Doha-gu; and (e) the victim F entered into a lease agreement with Doha-gu, Ltd. and resided therein around April 2, 201.

On August 22, 2015, the victim requested the return of the lease deposit to E in the name of the real estate owner with the knowledge of the change in ownership as above, but failed to receive it, the victim filed a lawsuit claiming the return of the deposit with the above E with the Busan District Court (No. 2017 group 30967) and the defendant was in de facto marital relationship with the defendant around June 22, 2017 while the lawsuit was pending.

G registered the transfer of ownership of the loan in the name of H, a corporation with the representative director, on the ground of donation.

Since then, the foregoing civil litigation was converted into the conciliation case No. 50260, the Defendant participated in the conciliation procedure as the conciliation agent of H and representative director G, Defendant C&C Co., Ltd. on July 11, 2017, and on July 31, 2017, there was a decision that “the intervenor shall pay the Plaintiff the deposit amount of KRW 45 million by August 31, 2017, and if the intervenor fails to perform this, he/she shall implement the registration procedure for the transfer of ownership based on the agreement for repayment of loan in lieu of the repayment of the said debt.”

On September 1, 2017, the Defendant, even though he was unable to repay the above lease deposit to the victim, filed for registration of the transfer of ownership on the ground of water repayment in the name of I, even though he did not transfer the loan to I.

A defendant is false in order to escape from compulsory execution.

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