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(영문) 제주지방법원 2012.02.03 2011노564
강제집행면탈
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts (e.g., evasion of compulsory execution on May 6, 2009 and June 30, 2010), Defendant A’s business registration of “G convenience store” changed the name of H as it does not have a good health of H, and thus, Defendant A was guilty of the facts charged, by misapprehending the facts of this part of the judgment below, on the ground that, at the time of changing the name of “J” from K to I, he was the one instance of the civil action instituted by E against himself at the time of changing the name of “J” from K to I, he did not have a concern of compulsory execution. Furthermore, since the business registration of “J” was made in the name of a juristic person, there was no possibility of enforcement, and there was no criminal intent to conceal property for the purpose of evading compulsory execution.

(2) The sentence of the lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. (1) On May 6, 2009, the summary of the charge of this part of the charge is as follows: (a) Defendant A decided to operate a game room business with the victim E and the game room business around March 2005; (b) invested KRW 200 million from the victim; and (c) around September 30, 2005, the victim was responsible for the above Defendant’s withdrawal from the game room business with the money that the victim borrowed from the bank for investment instead of removing losses from the game room business.

On August 30, 2007, the above defendant filed a claim suit, such as a contract deposit, with the Jeju District Court, resulting in a specific risk of compulsory execution, and subsequently, for the purpose of evading compulsory execution, the business registration of the "G convenience store" operated by the above defendant within the F in Seopo-si, Seopo-si is made in the name of H, a well-known mother of the above defendant.

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