강제집행면탈
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal 1) In order to continue the business of EM (hereinafter “EM in this case”), the Defendant, as stated in the facts constituting the crime in the judgment of the court below, only changed the name of the business operator, and such change was based on the Defendant’s intention, and thus, it does not constitute concealment of the crime of evading compulsory execution, and there was no intention or intention to evade compulsory execution against the Defendant.
2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.
2. 1) The concealment of property in the crime of evading compulsory execution on the assertion of misunderstanding of facts refers to the act of making a person executing compulsory execution not capable or difficult to discover the property.
Therefore, in order to clarify the ownership of property, it includes cases where a business operator is newly registered in another person’s name after filing a report on discontinuance of business (see Supreme Court Decision 2003Do3387, Oct. 9, 2003, etc.). Moreover, a crime of evading compulsory execution is a dangerous crime, and a crime of evading compulsory execution is established when there is a risk of undermining creditors by concealing, destroying, transferring or falsely bearing a false debt, with the intention of evading a subjective compulsory execution under an objective condition that is likely to be executed by compulsory execution, provisional seizure or provisional disposition under the Civil Procedure Act.
Therefore, it does not necessarily lead to the result of damaging creditors or an offender’s crime is not established (see Supreme Court Decision 2009Do875, May 28, 2009, etc.). According to the evidence duly adopted and investigated by the lower court, the following circumstances are recognized.
① On June 30, 2015, the Defendant changed the name of business operator C (hereinafter “C”) of the instant marina Co., Ltd. (hereinafter “C”) to G, thereby making it unclear the ownership of the property.
② Change of the name of the business operator for the instant marina.