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(영문) 부산지방법원 2014.07.11 2014고정1109
강제집행면탈
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, the actual owner of Busan East-gu Ctel 401, entered into a lease agreement with the victim D on June 27, 201 with the term of lease "10,000,000,000," and the lease term of lease was automatically extended on June 26, 2013 due to implied renewal, and the victim failed to pay KRW 10,00,000,000, even though he left the above officetel on June 26, 2013.

The injured party is demanding the defendant to pay the lease deposit.

On July 9, 2013, the Defendant sent a sales contract as if he/she sold an officetel at KRW 34,511,930,00 to E Co., Ltd. established on July 11, 2013 after the molding from July 9, 2013, stating the phrase "the purchase price of KRW 34,51,930 was transferred from E Co., Ltd. to E Co., Ltd.’s account on August 24, 2013, stating the phrase "the purchase price of KRW 401,930 was transferred from the account of the said Co., Ltd. for the purpose of evading compulsory execution."

As a result, the defendant got the victim who is a creditor by falsely transferring the above officetels for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Real estate lease contract, content certificate, details of receipt of civil procedure, certificate of all the registered matters of the corporation, and certificate of all the registered matters of the real estate;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 327 of the Criminal Act and Article 327 of the Criminal Act concerning the crime, the choice of fines;

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

1. The order of provisional payment;

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