A. At the time of December 13, 2010, the Defendant: (a) was under significant circumstances, such as loans of KRW 80 million; (b) loans of KRW 40 million to the Seobol Credit Union; and (c) obligations of KRW 35 million to C; and (d) was notified from the Seobol Credit Union that the Defendant would take legal measures if delayed payment is long-term after receiving demand calls for overdue payment due to loan interest after July 2010; and (b) was under the notification from the Seobol Credit Union that the Defendant would take legal measures if delayed payment would be long-term; and (c) was under the notification from the Seobol Credit Union to receive a demand notice for overdue payment and a demand notice for repayment of loan repayment from the creditors.

Nevertheless, on December 16, 2010, the Defendant, at the E Real Estate Brokerage Office located in Suwon-gu, Suwon-gu, Suwon-si, the Defendant: (a) sold approximately KRW 110 million to the said G on the condition that G, a fraud of approximately KRW 280,00,00,000 of the market value owned by the Defendant, takes over the debt of KRW 202,80,000,000, the maximum debt amount set forth in the said apartment, and subsequently, sold the ownership to H, and received the payment for the purchase price, thereby concealing the property.

Accordingly, the defendant has evaded compulsory execution by the obligees' title.

B. When the Defendant alleged that he purchased and sold the above F Building No. 103 502 (hereinafter “the instant apartment”) to G by fraud, the Defendant would be obliged at the time to acquire the collateral security debt to G that he had occupied the said apartment due to the rapid resolution of the marriage fund and the repayment of debt, and would be paid KRW 110 million to G that had occupied the said apartment, and the Defendant transferred the said apartment after receiving the payment of KRW 100 million in the purchase price, and then, the Defendant paid the said money to her relatives or paid the money with the remainder of the money as the business fund.

2. The crime of evading compulsory execution, which was prosecuted on the facts charged of the instant case, is hiding, destroying, transferring, or falsely transferring property under the specific risk of being forced to enforce execution.