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(영문) 의정부지방법원 2016.08.25 2016노899
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The Defendant had cancelled the registration of establishment of the right to collateral security which was falsely established, and had no criminal record of the same kind, and had a family member to support ( mother, wife, and child).

When a judgment of suspended execution of imprisonment becomes final and conclusive, the defendant has difficulty in finding employment.

appeal.

However, the Defendant created a false financial data with A and registered the creation of a mortgage by pretending that there was a large amount of claim. If a mortgage is established, the amount of the claim to be distributed to the victim during the auction process would be reduced to a half (the Defendant and A set up a collateral security with the intent that the victim would not be entitled to dividends, making the maximum amount of claim equivalent to the value of the real estate as the value of the claim). While being aware that the victim had commenced compulsory execution procedure against A, it is not good to commit the crime.

Defendant has been convicted of a fine for a concurrent crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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