A. As to the evasion part of compulsory execution on mistake of facts, the Defendant did not register the ownership transfer of the newly acquired apartment in the name of the Defendant, not in the name of the Defendant, but in the name of the wife with a view to evading compulsory execution. However, as to the part of violation of the Debtor Rehabilitation and Bankruptcy Act, the value of the newly acquired apartment at the time of applying for individual rehabilitation was calculated as KRW 60 million, and recorded as the property the amount corresponding to the Defendant’s share as the property, and thus, it cannot be deemed that the lower court did not have concealed the property. However, the lower court erred by misapprehending the facts, thereby convicting each of the charges of this case.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. 1) In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following facts can be acknowledged. A) He, the husband of the victim B, confirmed whether the Defendant had a security against the Defendant before lending the money to the Defendant, a workplace partner, and the Defendant owned two apartment bonds, including the Gangseo-gu Seoul Metropolitan Government C Apartment 103 Dong 1401 (hereinafter referred to as the “instant C Apartment”) and the two apartment bonds and commercial buildings. As such, the C Apartment of this case would be repaid as the sale of the instant apartment, and the copy of the register of the C Apartment of this case was issued to H.

On August 2, 2011, the Defendant, on October 30, 2010, issued a promissory note to the victim B while borrowing KRW 30,000,000 from the victim B (hereinafter “the instant loan”) and entrusted the preparation of a notarial deed with respect thereto.

B. On July 16, 2012, the Defendant’s instant C Apartment between E and F, the due date for repayment of the instant loan, and E.