A. In determining the facts, the Defendant convicted the Defendant even though the Defendant did not have intention or purpose of evading compulsory execution because the Defendant transferred the store before receiving the payment order, and closed down the “F” due to lack of the performance of the “F” in the G name and was changed in the name of the Defendant’s wife I while operating the “J”. However, the lower court erred by misapprehending the legal doctrine.

B. The judgment of the court below which convicted the defendant of the crime of evading compulsory execution is limited to the debtor, and the victim is not the subject of the crime of evading compulsory execution because the defendant was not the debtor, such as obtaining a final judgment by making G as the principal debtor.

C. The sentence of the judgment of the court below on unreasonable sentencing (five million won by fine) is too unreasonable.

2. Determination

A. The crime of evading compulsory execution under Article 327 of the Criminal Act, which is established when the creditor, under the objective condition that there is a concern for having compulsory execution or provisional disposition of provisional seizure under the Civil Procedure Act, in reality, the crime of evading compulsory execution is committed when he/she damages the creditor by concealing, destroying, transferring property, or bearing false debts for the purpose of evading compulsory execution under the condition that the creditor is showing a position to institute or institute a lawsuit on the merits or on the preservation of the property. The "property" which is the object of concealment, destruction, or false transfer, should be the debtor's property, which is an object of compulsory execution. Thus, it does not constitute a third party's property that is not likely to be subject to execution, and the subject of the crime of evading compulsory execution is not limited to the debtor. However, in order to establish the crime of evading compulsory execution by concealing property, the owner of the property at least in light of the elements of the crime of evading compulsory execution.