The defendant shall be innocent.

1. The summary of the facts charged in this case: (a) on October 18, 2016 at D real estate offices located in Gangdong-gu Seoul Metropolitan Government on January 25, 2017, the Defendant evaded compulsory execution by falsely transferring the Defendant’s property by falsely transferring the lease deposit deposit amount of KRW 44,00,000,000 to G by means of changing the lessee’s name and changing the lease deposit amount of KRW 102,00,000 from D real estate offices located in Gangdong-gu Seoul Metropolitan Government to G.

Preliminary: On January 25, 2017, at the D Real Estate Office located in Gangdong-gu Seoul Metropolitan Government on October 18, 2016, the Defendant evaded compulsory execution by concealing the Defendant’s property by changing the lease deposit amount of KRW 44,00,00 won to G name, for the purpose of evading the judgment of the Defendant’s loss in the first instance lawsuit against the Defendant, which was filed by the victim E on October 18, 2016.

2. Determination

A. In the crime of evading compulsory execution, false transfer means the alteration of the ownership of the property by taking the form of transfer on the surface despite the absence of the intention of actual transfer, and the concealment means that the person executing compulsory execution makes it impossible or difficult to detect the debtor's property. If the property was transferred by intention, it would result in the disadvantage of the creditor, even if it was made for the purpose of evading compulsory execution.

Even if compulsory execution is not a false transfer or concealment of the crime of evading compulsory execution (Supreme Court Decision 9 delivered on September 8, 1998).