The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

Summary of Grounds for Appeal

Defendant A’s dynamics of misunderstanding the fact that Defendant C et al. transferred the entertainment tavern business in operation of C, but the Defendants once transferred the business in the future in Defendant B, attempted to repay the debt incurred by C with the transfer proceeds, and there was no purpose of evading false transfer and compulsory execution.

The sentence of unfair sentencing (Defendant A: a fine of 5 million won, Defendant B: a fine of 3 million won) by the lower court is too unreasonable.

Judgment

As to the Defendants’ assertion of misunderstanding of facts, the lower court also asserted that the Defendants were identical to the aforementioned assertion of misunderstanding of facts, and the lower court rejected the said assertion by providing a detailed statement.

Examining the judgment of the court below closely by comparing it with the records, it can be sufficiently recognized that the defendants had the purpose of evading false transfer and compulsory execution, as stated in the facts constituting the crime in the judgment of the court below.

Therefore, the judgment of the court below is just, and the defendants' above assertion is without merit.

The crime of evading compulsory execution against the Defendants’ assertion of unfair sentencing is an unfavorable circumstance that not only interferes with the creditors’ legitimate exercise of rights, but also interferes with the state’s functions of compulsory execution, and the Defendants’ liability is not less against themselves, and there is no record of the Defendants who were sentenced to a fine for the same type of crime, and there is no record of having been sentenced to punishment or a sentence of suspended execution or heavier punishment for the same crime, and the Defendants have agreed with the victims in the trial on the sole basis that they do not want the punishment of the Defendants.

In addition, comprehensively taking account of the circumstances of the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, etc., the sentence imposed by the lower court to the Defendants is too unreasonable.