The crime of evading compulsory execution under Article 327 of the Criminal Act is established in the objective condition that is likely to be subject to compulsory execution or provisional seizure provisional disposition under the Civil Procedure Act in reality, that is, where a creditor has filed a lawsuit on the merits or preservation of the property, or has falsely transferred the property for the purpose of evading subjective compulsory execution under the circumstance that he had shown his attitude to file a lawsuit on the merits or preservation, and according to the facts duly confirmed by the court below, the non-indicted corporation is not able to find out the embezzlement facts over several times of the defendant. As the defendant was investigated into the fraud case that reduced the deposit amount of 90,000,000 won from the above non-party corporation at the location of the Dong branch of Cho Heung Bank in February 2, 1983, the non-party corporation was aware of the embezzlement of the defendant, and at the time of the crime of this case, at the time of the crime of this case, the above non-party corporation did not file an application or suggest to the defendant for provisional seizure for the preservation of its execution. Therefore, there is no independent ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Il-young (Presiding Justice)