민사집행법위반
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The fact that the Defendant, as stated in the judgment of the court below, submitted the pertinent real estate without entering it in the property list as stated in the judgment below, but since the Defendant is preparing a request for retrial on the grounds of perjury against the judgment against which the Defendant lost, the Defendant did not consider that the Defendant’s property status need not be disclosed to the obligee C, and thus, the Defendant did not have
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.
2. Determination
A. (1) The purport of the property specification system is to make the obligor submit, upon a motion of an obligee meeting the requirements for compulsory execution against the obligor, a list of properties that are subject to compulsory execution and their disposal status, etc. and to disclose the property status. As such, the obligor in the property specification procedure must enter all the properties subject to compulsory execution in the list of properties that are to be submitted by the obligor.
(2) According to the evidence duly admitted and examined by the court below, the defendant, despite having real estate as stated in the judgment below, failed to enter it in the list of property, submitted a false list of property. At the time, the defendant was aware that he/she was committing an act violating the Civil Execution Act by submitting the aforementioned false list of property.
It is reasonable to see that the circumstances alleged by the defendant do not affect the establishment of the crime of violation of the Civil Execution Act of this case.
Therefore, the defendant's above assertion is without merit.
B. There are favorable circumstances, such as the Defendant’s absence of any particular power to impose criminal punishment on the Defendant regarding the determination of unfair sentencing.
However, in this case, although the defendant submitted a false list of property, and the nature of the crime is not weak in light of the content and result of the crime, the defendant is in the heart.