강제집행면탈
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant, we examine ex officio whether the defendant committed a crime of evading compulsory execution like the facts charged in this case.
A. The summary of the facts charged in this case is the same year with the maturity date of the electronic bill of KRW 9,3280,000,000, paid to C in the name of the construction cost to C in March 16, 2016, as a person who has operated B Co., Ltd. (hereinafter “B”).
6. 16. After the settlement of bankruptcy, the representative director of the Dispute Resolution Co., Ltd. urged the payment of the rent by telephone and mobile phone text messages, etc., and tried to evade compulsory execution on the B property on the ground that the representative director of the Dispute Resolution Co., Ltd. seems to take legal measures against the B property, and then
6. On the 21st day of Chungcheongnam-si, Chungcheongnam-si, prepared a false lease agreement stating that “B leases the factory site and buildings to D without compensation for one year,” along with D, and D, on the 22th day of the same month, with the trade name of “F”, made it unclear the ownership and possession of construction machinery and corporeal movables in B’s factory by completing business registration in the pertinent factory with the trade name of “F”.
Accordingly, the defendant, in collusion with D, concealed property to escape compulsory execution, thereby damaging the creditor.
B. The lower court found the Defendant guilty of the instant facts charged on the grounds of the evidence indicated in the judgment, including the Defendant’s statement, on the premise that the Defendant led to confession of the facts charged.
C. However, the above determination by the court below is difficult to accept in the following respect.
1. A crime of evading compulsory execution under Article 327 of the Criminal Act shall be concealed, destroyed, transferred or falsely made for the purpose of evading subjective compulsory execution under the condition that compulsory execution, provisional seizure or provisional disposition is likely to be executed under the Civil Procedure Act.