2. The crime of this case was committed in collusion with E in order for the defendant to be the creditor on the vehicle owned by E, and the defendant evaded compulsory execution against the above vehicle by completing the registration of establishment of mortgage based on the fraudulent claim amounting to KRW 70,000,000,000, and as such, the defendant filed an application for the commencement of voluntary auction against the above vehicle after the victim E and attempted to obtain dividends from the proceeds of the sale. In light of the circumstances of the crime, method, mode of conduct, etc., the crime was poor, and the fact that the above E's creditors might have suffered considerable impediment in exercising their rights due to the crime of this case, etc.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects the crime of this case, the crime of evading compulsory execution was involved in the act of evading compulsory execution upon the E's active request, and there are circumstances that may be somewhat different from the circumstances, such as the situation where the above decision to commence compulsory execution was cancelled, the fraud was attempted as a result of the cancellation of the above decision to commence compulsory execution, and the fact that there was no criminal power exceeding the fine and the same kind of power, etc., and all of the sentencing conditions as shown in the arguments of this case, such as the defendant's age, family relation, criminal record, relationship, character and behavior, environment, means and method of the crime, motive and circumstance of the crime, etc., it is not recognized that the punishment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.