(영문) 서울동부지방법원 2019.09.26 2018노1545

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(영문) 서울동부지방법원 2019.09.26 2018노1545

사기등

Text

Defendant

The judgment of the court below against B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. As to the evasion of compulsory execution, Defendant A1) filed an appeal against the fact that the J has a large amount of obligation for the payment of the goods, and only changed it in the name of the Defendant and did not intend to evade compulsory execution.

B) In relation to the fraud against the victim D, in selling Mat at the time to another person, the Defendant and the victim were liable for each other, such as that the victim did not pay the acquisition price even though the victim acquired the AJ Mart operated by the Defendant under his/her name but did not intend to commit the crime of defraudation.

2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and compensation order) is too unreasonable and unfair.B) Defendant B (Defendant B) did not in collusion with the upper accused of mistake of facts and deception the victim, but the lower court found the Defendant guilty of the charges against the Defendant by misunderstanding of facts.

2) The lower court’s sentence of unreasonable sentencing (the imprisonment of eight months is too unlimited and unfair).

2. Determination

A. According to the evidence duly adopted and examined by the court on the assertion of mistake of facts as to the evasion of compulsory execution, the court may recognize the facts that the defendant changed the business registration of Mart in the name of the J and subsequently became impossible to execute seizure of corporeal movables, when the creditor, E, the debtor, as the debtor, and the provisional attachment of the deposit claims, the defendant changed the business registration of Mart in the name of the J, and thereafter made it impossible to execute seizure of Mart. 1. The defendant's above act constitutes evasion of compulsory execution. This part of the defendant's assertion of mistake of facts as to fraud is without merit. 2) The court below determined that this part of the charges against the defendant was acknowledged by taking into account

the court has duly adopted and investigated.

유사 판례

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-서울서부지방법원 2016.06.16 2016노62

-서울동부지방법원 2018.07.12 2017노1801