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(영문) 의정부지방법원 2016.05.24 2016노98
강제집행면탈
Text

The judgment of the court below is reversed.

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

Reasons

1. The defendant and his defense counsel asserted that the defendant's appeal against the defendant's appeal is justifiable for misunderstanding of facts and unfair sentencing. However, on April 1, 2015, which contained such assertion, the grounds for appeal filed on April 1, 2015 after the lapse of the period for filing the appeal are submitted, and there are no additional legal issues that may affect the judgment of the court below.

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor, eight months of suspension of execution, and two years of suspension of execution) is too unhued and unreasonable.

B. Determination 1) The Defendant did not have the history of punishing the victim for the same crime; the Defendant was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive in the judgment of the court below by deceiving the victim to make an investment in total of KRW 1.752 million from the victim; and the Defendant was punished for the crime of transfer of ownership of the victim’s land equivalent to KRW 200 million. The Defendant remitted approximately KRW 1.1555 million to the victim against the victim during the investment period; the Defendant deposited KRW 495 million for the victim in the above criminal case; the ownership of the above land was recovered again to the victim (the victim was executed by filing a lawsuit for cancellation of ownership transfer registration against the Defendant). It is recognized that the equity needs to be considered in the case of concurrent judgment with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive.

2) However, the Defendant committed a crime of evading compulsory execution by deceiving the victim, taking advantage of the property b billion won in total from the victim, and then leaving the property in a situation where the victim would be forced to enforce compulsory execution from the victim, and committing a crime of evading compulsory execution by depositing the money in his/her own account under the name of the victim. However, in light of the circumstances and details of the crime, and the method of the crime, the Defendant committed a very poor crime. Nevertheless, the Defendant committed a crime.

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