The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On February 11, 201, the mother of D, who is the defendant, of mistake of facts or misapprehension of legal principles, completed the principal registration procedure based on the provisional registration of the right to claim ownership transfer registration under the name of the defendant on December 8, 2001 with respect to land owned by the defendant, Nam-si, Nam-si, Seoul, which is one of his own, but with respect to land, including the area of 4,893 square meters, etc. However, the completion of the principal registration procedure based on the above provisional registration is not false transfer, but is not false transfer, and even if at the time D had no risk of undermining the creditor due to other assets sufficient to secure creditor's execution, the lower court guilty of the facts charged

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, a crime of evasion of compulsory execution under Article 327 of the Criminal Act is a dangerous crime and is established when there is a risk of undermining creditors by concealing, destroying, transferring or falsely bearing a false obligation for the purpose of evading compulsory execution under the Civil Execution Act, with the aim of evading compulsory execution under the risk of being subject to compulsory execution, provisional seizure or provisional disposition under the Civil Execution Act. It does not necessarily mean that the result of undermining the creditors or

In addition, in a case where an act of bearing a false debt is performed for the purpose of evading compulsory execution under the possibility of having a compulsory execution, it shall be deemed that there exists a risk of undermining the creditor, barring any special circumstances, such as where there exists another asset sufficient to secure the creditor’s execution at the time of

(see, e.g., Supreme Court Decisions 95Do2526, Jan. 26, 1996; 201Do5165, Sept. 8, 201). (2) According to the evidence duly adopted and examined by the lower court, the following facts are revealed.