2014 Highest 3707, 4011 (Consolidation) Evasion of compulsory execution, Violation of the Civil Execution Act

A person shall be appointed.

Lee Jin-hun, Kim Jong-chul (Public Prosecution), Kim Jong-Gyeong (Public Trial)

Attorney Jeong Jin-hun

March 25, 2015

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

Criminal facts

[2014 Highest 3707]

On August 2, 2012, the Defendant, who was a legal spouse, filed a divorce and a lawsuit claiming division of property with the Daejeon District Court of Daejeon District Court on August 2, 2012, and on April 5, 2013, the said court sentenced A to pay the amount equivalent to KRW 170 million as division of property on April 5, 2013, with the intent to evade compulsory execution, was willing to conceal the proceeds after selling a dong mountain owned by the Defendant for the purpose of evading compulsory execution;

1. On July 27, 2013, Seo-gu, Daejeon District Court * apartment* apartment* Dong * Dong, etc.* B, etc., belonging to the defendant on July 27, 2013

sales in 452,00,000 won and received 42 billion won in that amount, either of the following:

168, 000, 000 won on October 14, 190 of the same year C on the premise of marriage at Daejeon District Court around Daejeon.

being concealed and concealed;

2. On December 3, 2013, Chungcheong Hong-gun owned by the Defendant around December 3, 2013 ** Twork * 230,00,00 won for heading D

(1) On January 21, 2014, the amount of KRW 120,00,000 among those received after selling and receiving the price: Daejeon District Court

He given his father E and concealed them.

【2014 Highest 4011】

On June 9, 2014, at around 00, the Defendant submitted the Defendant’s property list in the Daejeon District Court No. 303, the Daejeon District Court No. 45-ro 78, Seo-gu, Daejeon District Court No. 303, the Daejeon District Court No. 199, 000, 000, and the above court No. 201598, the Defendant submitted the Defendant’s property list in the property list in the Daejeon District Court No. 2014, Jul. 27, 2013; * Apartment Dong-dong * * * Dong apartment * *, the current status of 0, 00, 00, 00, 300, 00, 00, 30, 00, 00, 30, 00, 20, 30, 20, 30, 00, 30, 20, 30, 30, respectively.

Summary of Evidence

[2014 Highest 3707]

1. Statement made to A by the police;

1. A written judgment from the Daejeon Family Court;

1. A full certificate of registration (a condominium building).

1. Each real estate sales contract;

1. A list of savings deposit transactions;

[Defendant and his defense counsel argued that the act of disposal of the same property as that of the Defendant stated in this part of the facts charged does not constitute evasion of compulsory execution because it is based on the intention of the Defendant. ① Concept in the crime of evasion of compulsory execution refers to the act of hiding or making it difficult for the Defendant to carry out compulsory execution. It includes not only cases where the location of property is unknown but also cases where ownership is unclear (see, e.g., Supreme Court Decision 2012Do2732, Jun. 12, 2014). It is difficult to view that the Defendant and his defense counsel's sale of the above real property to be carried out by the Defendant and the Defendant's actual sale of the above real property to be carried out by the Defendant and the Defendant's actual sale of the above real property to be carried out by the Defendant, and that the Defendant's sale of each apartment property to be carried out by the Defendant and the Defendant's real property to be carried out by the Defendant and the Defendant's real sale of each apartment property to be carried out by the Defendant.

【2014 Highest 4011】

1. Statement by the defendant in court;

1. Statement made to the police officer with F;

1. A written judgment;

1. Service / Final Certificate Institute;

1. A certified copy of each register;

1. Determination to specify the property;

1. A sales contract or a contract in the form of a real estate;

1. Details of account transactions;

1. Each investigation report (to have a witness C telephone conversations);

[The defendant and his defense counsel asserted that the defendant would lead to the crime of this case by law, but the intent of the crime cannot be denied due to such assertion, and Article 64 of the Civil Execution Act provides that a certain condition transfer for consideration and a gratuitous disposition shall be entered in the list of property, as well as that the defendant and his defense counsel's above assertion cannot be accepted in light of the fact that the same content is announced in the list of property submitted by the defendant at the time.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 327 (Crimes of Evasion of Compulsory Execution) Article 68 (Presentation of False Inventory of Property)

(2) Each of the following subparagraphs:

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Penalties)

2014 Highest 3707 Aggravations for concurrent crimes with punishment prescribed in paragraph (1) of the judgment of the case

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of Reasons for Sentencing below)

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

In consideration of all the following circumstances, punishment shall be determined as ordered as follows:

○ favorable circumstances: the fact that there is only the history of having been punished for a fine twice due to the crime of this kind, and A also has been punished.

They are obliged to pay the past and future child support to the deceased, etc.

○ Unfavorable Circumstances: The denial of the facts of the crime and the mistake are not divided; the court's probability

The fact that the defendant did not perform his duty properly by the court's ruling is not fulfilled.

○ Other: Details of motive for the crime, age, environment, etc. of the defendant

It is so decided as per Disposition for the above reasons.

Judges Lee Jae-won