However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant was the owner of land and building located in Kimpo-si D in Kimpo-si.

The Defendant, in collusion with E, filed a lawsuit claiming the return of the lease deposit against the above land and building KRW 30 million from the creditor F, who is the victim, and the F winning judgment became final and conclusive on May 8, 2009, which could be subject to compulsory execution against the above land and building. On April 18, 2012, the Busan District Court of Seocheon-gu, 240-2 located in Kimpo-si, Kimpo-dong, Kimpo-dong, and even though there was no fact that he sold the above land and building to G, the Defendant filed an application for the registration of ownership transfer for the sale of the above land and building due to the sale of the above land and building, filed an application for the registration of ownership transfer for the completion of the ownership transfer registration at that time, and transferred the above land and building to G.

Accordingly, the defendant transferred property falsely for the purpose of evading compulsory execution.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. E prosecutorial statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to certificate all registered matters;

1. Relevant Articles 327 and 30 of the Criminal Act concerning the facts constituting an offense. Article 327 of the same Act.

1. The defendant and his defense counsel's assertion on the suspended execution under Article 62 (1) of the Criminal Act (the defendant did not have the same criminal record and agreed with the victim) and the defendant and his defense counsel asserted that the defendant transferred the above land and buildings to prevent unfair debt collection by the Korea Asset Management Corporation, and that the officially announced land price does not transfer the above real estate for the purpose of evading obligations of 30 million won against F.

The subjective constituent elements of the crime of evading compulsory execution are established if it was known that there is a risk of undermining creditors by making a false transfer for the purpose of evading compulsory execution under the objective condition that there is a possibility of being subject to compulsory execution.