(영문) 창원지방법원 2018.10.18 2017노3269 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2018.10.18 2017노3269

강제집행면탈

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that if the defendant is detained in the instant case, the rehabilitation procedure against the defendant may be abolished, and this leads to the damage of the creditors of rehabilitation and the employees of the hospital, the sentence of the court below against the defendant is unreasonable.

B. According to the contract for the transfer of the claim made between the Defendant and the Defendant and the H Co., Ltd. (hereinafter “B”) with respect to the evasion of compulsory execution due to false debt burden (misunderstanding of facts and misapprehension of legal principles), the fact that the Defendant bears false debt to H is acknowledged.

2) In light of the fact that the Defendant received money from H to the account that the victim was unaware of with respect to the evasion of compulsory execution due to the concealment of property, the Defendant concealed the property to make it impossible or difficult to discover the property with respect to the victim.

It is reasonable to view it.

2. Determination

A. The Defendant’s assertion is against the Defendant’s recognition of the instant crime at the trial.

Considering that the nature of the Defendant’s obligation to the victim is the joint and several guarantee obligation, it is difficult to regard the instant case as the same as the evasion of compulsory execution by the principal debtor.

The defendant seems to have committed the instant crime in order to secure operating funds of his hospital rather than for personal benefits, and there are some circumstances to consider the circumstances.

The victim seems to have received approximately KRW 46 million by seizing and collecting the sales claim against the Defendant’s card company.

The defendant deposited KRW 10 million out of the estimated amount of rehabilitation claim repayment on behalf of the victim in the court.

The defendant has no record of punishment for the same crime, and the equality in the case of judgment shall be taken into consideration with the previous conviction entered in the judgment of the court below.

Each of the above circumstances shall be.

유사 판례

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