The Defendant, around August 16, 2012, when the building name map lawsuit was instituted and lost by F, etc., the actual owner of the floor, etc. around November 1, 2012, the Defendant concluded a lease contract with some co-owners of the above commercial building on or around November 1, 2012. However, when there was a risk of being forced due to the above filing telephone from the above D, it was intended to evade compulsory execution. On or around April 8, 2013, the Defendant concealed property by reporting the opening date of the PC’s business as of March 20, 2013 and reporting the possession of the above PC to the G name.

2. Determination

A. The crime of evading compulsory execution under Article 327 of the Criminal Act is the principal legal interest of protecting the rights of creditors. The existence of a creditor’s right, which is the basis of compulsory execution, is the requirement for the crime of evading compulsory execution. Therefore, if the existence of a claim is not recognized, the crime of evading compulsory execution is not established (see, e.g., Supreme Court Decisions 88Do48, Apr. 12, 198; 2007Do3005, Jul. 12, 2007; 2008Do198, May 8, 2008). Meanwhile, a lease is established when one of the parties agrees to allow the other party to use or benefit from an object and the other party agrees to pay a rent for it. Even if the lessor has no right to use or benefit from the object, the lease is effective. Accordingly, even if the lessor is obligated to have the lessee use or benefit from the object completely, and the lessee is obligated to pay the rent in return for use or benefit.

(c).