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(영문) 수원지방법원 2016.10.13 2016고단4212
강제집행면탈
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On April 9, 2012, the Defendant filed a lawsuit for damages from the Sung Steel Co., Ltd., and served a complaint with the Suwon District Court on May 1, 2012. On August 13, 2013, the Defendant was sentenced by the same court on August 13, 2013 to pay the victim company 154,44,076 won and delay damages for the said money. Accordingly, around May 1, 2012, the Defendant was aware that there was a possibility of being subject to compulsory execution against the victim’s property.

Nevertheless, around November 19, 2012, the Defendant transferred the name of the permission for development to P, the name of E, F, G, H, I, J, K, L, M, N, andO land (hereinafter “case land”) at the D Judicial scrivener Office located in Young-gu, Suwon-si, Suwon-si, Suwon-si, to P, and as a result, is to be paid 400 million won later from P. In order to secure the above nominal transfer price claim, P is to establish a collateral security right immediately after acquiring the ownership of the land in order to secure the above nominal transfer price claim. However, in order to make it difficult for the Defendant including the above nominal transfer price claim to discover creditors of the Defendant, including the victim company, etc., the obligee and mortgagee as to the above nominal transfer price claim and the mortgagee were his/her dependent Q.

The Defendant entered into a P and a mortgage contract on the same page, and required a R to keep Q’s personal information in the “mortgage-mortgage-holder” column in the “mortgage-mortgage-holder” book, and had R obtain ownership of the land of this case from the said certified judicial scrivener office on January 4, 2013, and had R submit the said contract document to the Suwon District Court registry office on January 7, 2013 so that Q Q’s registration of the instant land was completed. In addition, the Defendant had the said registry office keep the said written mortgage-backed contract in custody.

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