A. misunderstanding of facts and misapprehension of legal principles 1) Chapter 1: The Defendant, with the mother-friendly E’s funds, opened a “C” entertainment shop (hereinafter “instant main shop”). As such, the Defendant’s change of the name of the instant business operator into E is a true transfer, and thus does not constitute “a false transfer” or “a concealment” as referred to in the crime of evading compulsory execution.

2) Chapter 2: On the premise that sales have occurred in the future by means of satisfaction of the Defendant’s claim against the Defendant, the victim seized and collected the Defendant’s claim to be paid from a bank, credit card company, etc. on the premise that sales have occurred in the future. Since the Defendant’s claim to be paid after the Defendant offered liquor, etc. to the customer is entirely different from the subject of the above seizure and collection, the Defendant’s claim to be paid after offering liquor, etc. to the customer is free to determine

Therefore, it should be viewed that such a claim for payment was incurred in the name of E and was repaid to an account in the name of E not seized.

It can not be said that the crime of escape from compulsory execution is established under the Criminal Code.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the relevant legal principles as to the assertion of misunderstanding of facts and misapprehension of the legal principles) The crime of evading a compulsory execution under Article 327 of the Criminal Act refers to the concealment of property to a person who executes a compulsory execution, by influoring or making it difficult to discover the property. It includes not only cases where the location of the property is unknown but also cases where the ownership of the property is unclear (see Supreme Court Decision 2005Do4522, Oct. 13, 2005). (B) The crime of evading a compulsory execution is under the objective condition that the crime is in danger of being subject to compulsory execution, provisional seizure, or provisional disposition under the Civil Execution Act.