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(영문) 서울동부지방법원 2020.01.17 2019고정955
민사집행법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was sentenced by the Seoul Western District Court to the effect that the Seoul Western District Court 2017Na41532 (former), “B, deliver the Plaintiff (B), and pay KRW 22,164,210,” and that the said judgment became final and conclusive around that time, and that B applied for an explanation of property relations in accordance with the said final judgment.

On May 16, 2019, the Defendant appeared at the Seoul Eastern District Court 101 and 101 court of the Seoul East Eastern District Court 2018Kadan52476, the Seoul East Eastern District Court 2018Kadan52476, and submitted a false inventory of property by omitting the Dbenz600 automobiles, ENC125B wheeled tea, and F securities (securities number: G) owned by the Defendant from the Defendant’s inventory.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police concerning B (including the register of two-wheeled automobiles and the register of automobiles);

1. A list of property, a written inquiry about property, and a written inquiry about property;

1. Copy of the judgment;

1. The accusation (the defendant and his defense counsel omitted from the list of property as stated in the facts constituting a crime, but the benz motor vehicle is not the defendant but the defendant's type of property, the damage insurance policy was seized and terminated, and the benz motor vehicle was not thought to enter the list in the list of property due to its scrapping. Thus, the benz motor vehicle did not enter the list falsely or did not have any intention to enter falsely. However, according to the procedure for specification of property under the Civil Execution Act, the list of property to be submitted by the debtor to the court shall enter all the property subject to compulsory execution regardless of whether there is substantial value (see Supreme Court Decision 2007Do8153, Nov. 29, 2007). According to each of the above evidence, it is recognized that the defendant owned each of the above property at the time of the instant case (the materials submitted by the defendant are alone a motor vehicle benz.).

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