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HANBYOL LAW LLC

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뉴스2026년 2월 4일

Ex Husband Says "No Money" to Release Garnishment, Will He Be Charged with Fraud?

Regarding the case of Ms. A, who believed her ex-husband's promise and lifted the garnishment but failed to receive the property division, Ms. Kim Jeon-soo(Hanbyol Law LLC) suggested prompt civil enforcement using a conciliation agreement as a key response. She emphasized that if a divorce is finalized through mediation, the mediation agreement has the same effect as a final judgment, allowing for immediate seizure, collection, and auction of wages, deposits, and real estate without the need for a separate lawsuit.

On the other hand, experts believed that whether the crime of fraud is established depends on whether there was an intention to deceive the other party (intent to defraud) from the time of the promise, which is difficult to prove, and recommended a two-track strategy of first using the conciliation agreement as an enforcement authority to recover the actual property and pressing for criminal prosecution at the same time, as advised by Kim Jeon-soo. It is also necessary to consider the possibility of applying the offense of evading enforcement.