All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal is as follows: (a) Defendant A transferred the name of business operator in the name of the store “F” (hereinafter “instant store”) on July 21, 201; and (b) as a result, the victim’s compulsory execution on July 26, 201 against the movable property of the instant store was impossible; (c) thus, the crime of evading compulsory execution was established on July 21, 201, when the name of the said business operator was changed, and the crime of evading compulsory execution was terminated.

In addition, the defendants received premium by transferring the store of this case.

Even if such evasion of compulsory execution, which was established earlier, is merely an act after the final judgment, and does not constitute a separate crime of evading compulsory execution. Since the instant public prosecution was instituted on November 18, 2016, five years after the statute of limitations, the judgment of acquittal should be rendered, the lower court erred by misapprehending the legal doctrine.

2. In the crime of evading compulsory execution, the term "a false transfer" means changing the ownership of property by taking the form of transfer on the surface despite the absence of actual intention of transfer, and the term "cidation" means that a person who executes compulsory execution makes it impossible or difficult to discover the debtor's property. If there is a risk that a creditor's property may be harmed by such act, a crime of evading compulsory execution is established, and it does not necessarily lead to the result that the creditor actually damages the creditor (see Supreme Court Decision 2001Do4759, Nov. 27, 2001). In addition, the so-called so-called act of evading compulsory execution refers to an act of securing or disposing of illegal profits acquired by a crime, but the act of securing or disposing of illegal profits by a crime falls under the requirement of a principal crime (prior criminal act). Thus, it refers to a case where a separate crime is not constituted to constitute a crime after the act after the completion of the punishment.