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(영문) 수원지방법원 2020.05.14 2019노6556
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant is only the representative of an enterprise entrusted with the management by an officetel management body, and the Defendant’s act does not constitute evasion of compulsory execution, and the Defendant’s act does not constitute evasion of compulsory execution. ② Since the Defendant’s wage and retirement allowance part of the management body’s management expense claims of an officetel management body is prohibited from seizure claims, even if the Defendant receives management expenses by any other means before the management expenses are deposited into the seizure account, the crime of evasion of compulsory execution is not established. ③ The Defendant, as a representative of the controlled entity, was responsible for paying the employee’s salary and managing the management expenses so that there is no occurrence of a situation such as short-term supply

Therefore, the lower court erred by misapprehending the legal doctrine that recognized the Defendant’s evasion of compulsory execution.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. The crime of evading compulsory execution under Article 327 of the Criminal Act is established when the creditor is harmed by concealing, destroying or transferring property or by falsely bearing the liability under specific risk of being subject to compulsory execution.

Here, the property which is the object of the crime of evading compulsory execution refers to the property of the debtor which can be the object of compulsory execution or preservative measure under the Civil Execution Act, and even if there is any future right, if there is a legal relationship in which the debtor's future claim is sufficiently indicated or determined between the debtor and the third debtor, it shall be

In addition, in the crime of evading compulsory execution, the term "concepting property" means that a person who executes compulsory execution is unable or difficult to discover the property.

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