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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2018.05.17 2017노1716
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service work 120 hours) of the lower court is too unreasonable.

Judgment

According to the arguments and records in this case, the court below's punishment seems to have been determined properly by fully considering the various sentencing grounds alleged by the defendant, and there is no special circumstance to the extent that the sentencing is altered ex post facto (in the case of a request for seizure and collection order, the court of execution shall issue a seizure and collection order where the existence of executory exemplification is recognized through a written examination, and where the existence of executory exemplification is recognized through the examination of the existence of executory exemplification, etc. Therefore, even if the claim indicated in the text of a civil judgment was repaid or offset and its claim has been extinguished, it may be interpreted that the lawsuit fraud is not established as long as the claim for a seizure

However, it is obvious that a creditor has received all the claims indicated in the text of a civil judgment and thus the claims are extinguished.

Therefore, it is clear that the defendant's act of filing an application for the seizure and collection order of the defendant was extinguished regardless of whether or not the executory power is excluded through the lawsuit of objection against the above judgment.

If there was a decision of seizure and collection order by requesting the seizure and collection order of claims based on the possession of the principal text of the judgment, even though it is apparent that the claim has been extinguished as it was deceiving the court, the lawsuit fraud is established (see Supreme Court Decision 2002Do5540, Dec. 27, 2002). 3. Thus, the defendant's appeal is groundless, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition [Article 25 (1) of the Rules on Criminal Procedure ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 9 of the judgment of the court below as "third debtor, such as a new bank, etc.," and Article 10 of the Criminal Procedure Act.

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