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(영문) 창원지방법원 통영지원 2014.01.28 2013고단940
강제집행면탈
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A, from December 27, 2004 to June 18, 2013, worked as an agent for the business support team of the D Saemaul Savings Depository, and on December 28, 2012, it was in charge of lending KRW 26 million to E of the community credit cooperatives on December 28, 2012.

The above community credit cooperatives tried to provisionally attach No. 109, No. 704, 109, the F apartment No. 704, which was owned by the defendant A, with the right to claim damages based on the business responsibility of the defendant A concerning the above loan.

The Defendants conspired to evade compulsory execution against the above apartment, thereby making a false account transaction record as if Defendant A borrowed KRW 100 million from Defendant B. Based on this, on June 21, 2013, the Defendants completed the registration of creation of a mortgage over the above apartment with the maximum debt amount of KRW 100 million against Defendant A and Defendant B as the mortgagee.

As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby doing so, the D Saemaul Fund, a creditor.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certified copy of the real estate register (Evidence No. 14), A mother-friendly G transaction statement, application for provisional seizure of real estate, receipt of deposits without passbook, and application of the Acts and subordinate statutes of receipts;

1. Relevant Articles 327 and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act of the suspended execution (including the fact that all the defendants have no criminal records of imprisonment without prison labor or heavier punishment, reflectment, and cancellation of registration of establishment of a neighboring mortgage);

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

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