On March 29, 2007, E, and F, the owner of the above-Ba building, made a registration of the establishment of the right to collateral security by setting the creditor the maximum amount of the victim's agricultural cooperative and the claim amount to KRW 5.32 billion against the above-mentioned Mana building as KRW 5.3 billion. On April 4, 2007, the victim borrowed KRW 3.8 billion from the injured party on April 4, 2007, but the loan began to be in arrears from October 5, 2010, the victim voluntarily filed an application for an auction with the District Court on December 29, 2010 on the ground that the above loan was overdue, and on April 23, 2015, the victim was decided to permit the sale of the above Mana building.

The defendant did not receive a loan from the above G to the use of the successful bid price for the above building by damaging the sugar part of the above letter or building and preventing the above G from receiving a loan for the use of the successful bid price for the above building, thereby having the above G evade compulsory execution.

On May 19, 2015, the Defendant directed three persons, such as H, who are boiler articles, to dump in the instant stoves or building, to dump the young children’s sugar, stoma, and floor. From May 19, 2015 to May 19, 2015, the Defendant ordered them to dump the young children’s sugar, stoma, and to dump the entire floor.

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

2. In order to escape from compulsory execution, Article 327 of the Criminal Act provides that a person who has harmed a creditor by concealing, destroying or falsely transferring property or by bearing false debts shall be punished as a crime of escape from compulsory execution.

In this regard, ① voluntary auction under civil execution law has been regulated separately from the compulsory execution under civil procedure law, and as the auction law has been repealed, it is also in the civil procedure law.