강제집행면탈
The Defendants’ appeal is dismissed.
Summary of Grounds for Appeal
A. The facts charged of mistake of facts in the case of this case is that "the defendant A received a total of KRW 17.3 million from the victim H as a loan borrowed." However, in the related civil litigation procedure, the victim withdrawn the claim for the payment of loan to A, changed the claim for tort, and the court of first instance recognized the tort liability against the victim A. Thus, the facts charged of this case was erroneous.
In addition, the Defendants cannot recognize the above tort liability, and there is no fact that the Defendants borrowed the above money from the victim, and thus, the Defendants cannot be recognized the existence of the victim’s claim against A, which is the elements for the crime of evading compulsory execution.
Therefore, even if the Defendants did not establish a crime, the judgment of the court below which found the Defendants guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence on October 10, 200, 2 years of suspended sentence on June 2) is too unreasonable.
2. Determination
A. Error 1) The summary of the facts charged in this case is widely known to Defendant A, and Defendant B, C, and the victim are the believers of the said inspection. The victim demanded the victim to lend the F’s new civil litigation expenses, and received a total of KRW 17,300,000,000,000,000,000,000 from F. Then, I was accused of the charge due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud Branch of the Busan District Court, Dongsan District Court, 201, 207, etc.). The victim was present as a witness in the trial and became aware of the fact that the victim may provisionally seize A’s property from the presiding judge, on June 7, 2011, at the time of Dak, J, K, and the building on the land (hereinafter “instant real estate”).
A request for provisional seizure was made with respect to the case.
The above support on June 8, 201.