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Cases
2013No299
Defendant
A person shall be appointed.
Appellant
Defendant
Prosecutor
No. 540, Nov. 1, 200
Defense Counsel
Attorney Kim Jong-soo
Judgment of the lower court
Ulsan District Court Decision 2012No3208 Decided April 11, 2013
Imposition of Judgment
August 23, 2013
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the part concerning the embezzlement of piece rates);
It was true that the Defendant deposited the performance-based KRW 200 million into the Defendant’s mother’s account. However, despite the fact that the Defendant paid KRW 200 million to the Defendant several times on September 2006, by establishing B Co., Ltd., and the Defendant borrowed KRW 200 million on several occasions, and does not constitute a false transfer or concealment of the crime of evading compulsory execution, the lower court convicted the Defendant of the charges of this case. In so doing, the lower court erred by misapprehending the facts and affecting
2. Determination
The concealment of property in the crime of evading compulsory execution under Article 327 of the Criminal Code refers to the impossibility or difficulty of a person who implements compulsory execution in order to discover the property, and there are cases where the location of the property is unknown, as well as cases where the ownership of the property is unknown (see Supreme Court Decision 2005Do4522, Oct. 13, 2005, etc.).
The lower court found the Defendant guilty on the following grounds based on the evidence duly adopted and examined: (i) the Defendant received performance rates from D Construction and deposited them into the account of E Co., Ltd. established by the Defendant on December 14, 2010; (ii) on December 20, 2010, transferred the above KRW 200 million to the Busan Bank’s account in the name of C; (iii) on December 21, 2010 following the date, C transferred the above KRW 200 million to the Busan MMF account in the name of C; and (iv) on May 11, 2011, the aforementioned account was returned to the Busan MMF account in the name of the Defendant’s wife; and (v) on December 26, 201, the lower court did not err by misapprehending the Defendant’s assertion that the Defendant had been able to purchase the land in the name of Busan Bank in the name of F, as otherwise alleged in the facts charged.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges
Justices Kim Dong-young
Kim Jong-jin
Judges Sung-il.