logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.09.29 2014노4847
강제집행면탈
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. In fact-misunderstanding and legal principles, Defendant A actually transferred each of the lands of Nos. 401 to 405 of the present building, Nos. 204, 205, 701 to 705 of the underground building, and the O of the Northern-gu Office at Port. Accordingly, the Defendants did not have any intention to evade compulsory execution.

Nevertheless, the lower court, although Defendant A had no actual intention to transfer, changed the ownership of the property by taking the form of transfer on the surface despite the fact that Defendant A had no actual intention to transfer the property.

In light of the above, since Defendant A, Defendant B, and Defendant D recognized the crime of escape from compulsory execution, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.

B. It is unfair that the sentence of the lower court’s unfair sentencing is too unreasonable (for Defendant A, one year of imprisonment, two years of probation, two years of community service, two million hours of fine: Defendant B, three million won of fine, and seven million won of fine) against each of the Defendants.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, Defendant A is the owner of K building (hereinafter referred to as “this building”) which is a newly constructed building in North-guJ and three lots of ground (hereinafter referred to as “instant building”) at port, North-gu, North-gu, North Korea, and Defendant D is the owner of part of this building as follows:

Defendant

A around March 26, 2009, took over KRW 79,000,00 among the construction cost claims for new construction of the building of this case, shall be liable for the same amount, and M shall be liable for 165,850,000 from June 1, 2009 to March 1, 2010, M shall be liable for 165,850,000 for the construction of the building of this case, and other liabilities equivalent to 9,763,961,434 won for many construction enterprises, including N, shall be liable for 9,763,961,434 won.

Defendant

A was urged to repay debts from the above obligees, including the victims at the time of the above day, and the victim's promise to repay debts after obtaining approval for the use of this building is observed.

arrow