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(영문) 수원지방법원 2013.07.04 2013노396
민사집행법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 1.5 million) against the Defendants is too unreasonable.

2. All of the Defendants are divided into a first offense, and they are against themselves, and the fact that the Defendants had been aware of monthly income and the right to sell the monthly income omitted from the instant property list is favorable to the Defendants.

However, according to the procedure of property specification under the Civil Execution Act, all the property items to be entered in the property list to be submitted by the debtor to the court regardless of the substantive value or whether the creditors are, which is essential to proceed with the fair execution procedure, are not permissible to allow the defendants to arbitrarily select the property to be entered in the property list, in consideration of the number of items omitted in the property list of this case and its appraised amount, and other various circumstances, including the defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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