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(영문) 창원지방법원 2014.10.08 2014노1217
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (hereinafter referred to as "fine 7,00,000") is too unreasonable.

2. The crime of this case was committed in favor of the defendant, who is likely to be subject to compulsory execution, such as demanding the payment of a loan obligation by the victim, by changing the account of credit card sales in the restaurant operated by him under the name of her to her for the purpose of evading compulsory execution. The victim's property was concealed by preventing the defendant from compulsory execution on the above restaurant card sales. The defendant recognized the crime of this case and reflects all of the crime of this case, and there is no previous conviction or punishment of suspension of qualification or more.

However, it is recognized that the amount of loans owed by the Defendant to evade compulsory execution is not at least KRW 20 million, and that the Defendant’s assertion is without merit, given the Defendant’s age, character and conduct and environment, health status, family relationship, circumstances leading the Defendant to the instant crime, the means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unreasonable in light of all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, health condition,

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

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