강제집행면탈
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is very exceptional that the real estate sales contract and its execution between the defendant and the corporation I are deemed to be transferred falsely, and at least since the concealment constitutes a concealment, the crime of evading compulsory execution is established (misunderstanding of the facts). 2. A. The prosecutor of the amendment of the bill of indictment maintains the primary facts of the charges of evading compulsory execution through false transfer, which is the first charge of the charges, and applies for the amendment of the bill of indictment, which adds the points of evading compulsory execution through concealment as stated in the paragraph 4. A. The above court permitted it and added it to the subject of trial against the defendant.
However, there is still a assertion of misunderstanding the fact that the evasion of compulsory execution through false transfer, which is the primary charge, due to the addition of the ancillary charge, is subject to the judgment of the court of this case. Thus, we first examine the legitimacy of the assertion of misunderstanding the facts, and then make a judgment on the ancillary charge added in the trial.
3. Judgment on the assertion of mistake of facts as to the primary facts charged
A. The summary of the primary facts charged is the victim’s male and female, the victim E is the victim’s male and female, and the victim F is the victim’s male and female, and the Defendant and the sibling’s male and female.
On June 5, 2015, the Defendant was sentenced to the High Government District Court Decision 2012 Gohap 5872 to pay a total sum of 960,213,888 won and delayed damages to the victims in the lawsuit claiming the return of unjust gains, and the said judgment became final and conclusive around that time. The Defendant subrogated the victim D’s loans 204,854,397 won and subrogated the Defendant’s national bank loans 207,390,731 won and the costs of the lawsuit are 28,159,610 won.
The victims seized the real estate owned by the defendant or received a seizure collection order against the defendant.
The defendant was unable to repay his obligation to return the above unfair benefits.