(영문) 수원지방법원 2015.05.27 2014노5655 | 리걸엔진

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(영문) 수원지방법원 2015.05.27 2014노5655

강제집행면탈

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In the process of misunderstanding of facts and misunderstanding of legal principles, the Defendant’s repayment of the deposit under the Suwon-si E Apartment 604, 1101, 601 (hereinafter “E apartment”) residing by the Defendant, and there was no agreement to pay KRW 150 million to the victim. Of the deposit of the E apartment, the Plaintiff transferred the deposit to K, who is the husband, to use as the deposit for lease, and used the remainder as living expenses, etc., which does not constitute concealment of the crime of evading compulsory execution.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant is a lessor of D apartment 706 dong 101 (hereinafter “D apartment”), which is, the victim C, who is the former owner of, and even if the lease lease period has expired on September 27, 2012, the Defendant entered into a mediation to return KRW 150 million to the victim by providing funds to return the lease deposit of E apartment located in the Defendant, in a lawsuit claiming the return of the lease deposit, which was filed by the victim as the refund of the lease deposit of E apartment. By December 13, 2012, the Defendant would return KRW 150 million to the victim by December 13, 2012.

However, for the purpose of evading compulsory execution on November 13, 2012, the Defendant received 39,853,790 won after deducting the monthly rent from the deposit for the lease of the above apartment from the lessor, and then avoided the contact with the victim, and pays 20,000 won out of the above money as the deposit for the F apartment Nos. 102, 204 (hereinafter “F apartment”) in Seongbuk-gu, Sungnam-gu, Seoul, which was leased under the name of the husband of the Defendant.

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