공갈등
Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
1. Summary of grounds for appeal;
A. Defendant B did not bear false debt with the intention to evade compulsory execution, and only intended to receive an amount equivalent to the market price of Company A’s stock from Company B to use A’s debt repayment.
In addition, the crime of evasion of compulsory execution is not established because the market price conversion amount of shares held by A remains after the repayment of all obligations A.
Nevertheless, the lower court which pronounced the Defendant guilty erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence (2 years of suspended execution, 120 hours of community service, and 5 million won of fine in case of Defendant B) declared by the lower court against the Defendants is too uneasible and unreasonable.
2. Judgment on Defendant B’s assertion of mistake of facts
A. The facts charged in this part of the facts charged as follows: (a) while keeping approximately KRW 480,00 shares of Nap Co., Ltd. (hereinafter “Nap”) equivalent to KRW 480,00,00 (hereinafter “the shares of this case”), among internal relations, the Defendant was urged to pay the Defendant a debt amounting to KRW 500,000; (b) as if the Defendant had a debt amounting to KRW 500,000,000, the Defendant was willing to evade the compulsory execution of other creditors against A by filing an application for an auction of the entire shares of this case with the court.
A around February 20, 2014, at a multilateral point where it is impossible to know the trade name in Daegu-ro, A is likely to be subject to compulsory execution if it is discovered that he/she holds the above shares to D and H, a creditor who is a criminal trial, etc., on the ground that he/she has no intent or ability to repay D's debts to D, but is likely to be subject to compulsory execution. However, he/she shall prepare a loan certificate stating "B, a debtor, and a loan amount of KRW 500,000,000" on the paper A4 for the purpose of evading this.