강제집행면탈
The prosecutor's appeal is dismissed.
1. In light of the fact that a civil judgment that did not recognize the nominal trust agreement among the Defendants on the title trust agreement between the Defendants on the 15th floor of Mapo-gu Seoul Mapo-gu H No. 1501 (hereinafter “the apartment of this case”) is final and conclusive, the summary of the grounds for appeal is a false transfer of the registration of the transfer of ownership of the apartment of this case to Defendant B, such as that written in the facts charged.
Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous and adversely affected the conclusion.
2. The lower court rendered a not guilty verdict on the facts charged of the instant case on the ground that it is difficult to readily conclude that the transfer of the instant apartment was made by falsity, solely on the grounds that the nominal trust agreement between the Defendants is not recognized in detail, and that it was not proven that Defendant A had a specific risk of compulsory execution at the time of the said transfer.
Examining the evidence duly adopted and examined by the court below in light of the records, the court below’s finding of facts and determination are acceptable, and even considering the evidence additionally submitted by the prosecutor in the trial, it is proven that the facts charged in this case are beyond reasonable doubt.
subsection (b) of this section.
Therefore, the lower judgment that acquitted the Defendant of the facts charged of this case does not err by misapprehending the facts alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.