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(영문) 서울남부지방법원 2017.05.11 2016노1046
민사집행법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant did not misleads that part of the claim against D had already been extinguished, but did not enter it in the list of property when he was already aware of the existence of the claim for delivery by accusation.

Therefore, there is no intention to violate the Civil Execution Act against the defendant.

2) There is no claim against E in part of the claim against E, and only the claim recorded in the facts charged is a claim against E by F (the husband of the defendant).

Therefore, the Defendant did not have prepared and submitted a false list of assets with respect to claims against E, and the Defendant does not have intention to violate the Civil Execution Act.

B. Even if the facts charged in the instant case are found guilty, in light of the fact that the Defendant continues to endeavor to repay even a part of the obligation against C, and that the Defendant has no record of punishment except for the judgment of one suspended sentence, the sentence (six months of imprisonment) sentenced by the lower court is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant was identical to the assertion of mistake of facts in the grounds of appeal, and the lower court rejected the aforementioned assertion on the grounds of detailed reasons in the judgment.

In full view of the circumstances admitted by the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable.

The defendant's assertion of facts is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

Since it is essential to ensure the effectiveness of the compulsory execution system prescribed by the Civil Execution Act, the crime of this case by the defendant who submitted a false list of property is a serious crime that infringes on the compulsory execution system.

The defendant.

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