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The judgment of the court below is reversed.
The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding and legal principles are consistent with the fact that the Defendant did not enter the public official retirement pension received every month in the list of property, but the above retirement pension does not fall under the list of property under the Civil Execution Act, and even if it is subject to the list of property, the above retirement pension did not enter the receipt of the retirement pension prohibited from seizure as stated in the "Guidelines for Information on Property Statement Procedure and for Preparation of List of Property" received from the court. Thus, the court below found the Defendant guilty of the charge that the Defendant submitted a false list of property by failing to enter the receipt of the retirement pension in the list of property, without any intention to violate the Civil Execution Act
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. On September 20, 2016, the Defendant was served as a public official and received a retirement pension for at least 20 years, and was served with the Changwon District Court’s branch branch on September 20, 2016, stating that he/she submitted a list of property specifying the property status from the date of title of the property.
However, even though the defendant received the retirement pension, he submitted a list of assets with no property.
As above, the Defendant did not state his pension receipt and submitted a false list of property.
B. On the grounds indicated in its reasoning, the lower court rejected the Defendant’s assertion that the instant retirement pension is not subject to entry in the list of property under the Civil Execution Act, and convicted the Defendant of the instant facts charged.
(c)
(1) The Civil Execution Act punishs a debtor to pay a false list of property in the property specification procedure (Article 68 (9) of the Civil Execution Act), but specifies the debtor's property subject to compulsory execution on the date specified in the property specification procedure.