The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than five months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Comprehensively taking account of the evidence submitted by the Prosecutor 1, the fact that the Defendant newly opened the Nonghyup Bank account to evade the victim’s compulsory execution as stated in the facts charged, and received the payment of the construction cost, the lower court acquitted the Defendant of the charges of evading compulsory execution of this case. The lower court erred by misapprehending the legal principles.

2) The lower court’s improper sentencing is too unreasonable.

2. Determination

A. On May 11, 2016, the summary of the facts charged by the prosecutor’s assertion that compulsory execution is anticipated in the current state of being subject to seizure and collection order on the Bank’s deposit account, which is the main trading account of the Plaintiff F Co., Ltd. (hereinafter “F”), operated by the Defendant from the Victim G G Co., Ltd., Ltd. (hereinafter “F”), the Defendant was willing to open a new account and receive construction payment, etc. to be received by F in a new account, not the Bank’s account, and to conceal the property.

On May 16, 2016, the Defendant opened the Nonghyup Bank Account (K) at the Nonghyup Bank around May 16, 2016 and requested L to deposit the construction price in the said account on or around May 20, 2016, and received KRW 50 million as the construction price, and received KRW 2 million as the construction price from the private-corporate corporation around May 23, 2016, and KRW 3620,00 from the same company around June 9, 2016.

Accordingly, the defendant concealed property for the purpose of evading compulsory execution.

2) The lower court determined that the lower court acquitted the Defendant on this part of the facts charged for the following reasons, after explaining the legal doctrine as stated in its reasoning.

A) ① Opening a new account by an executory debtor in compulsory execution is permissible in light of the freedom of financial transaction. ② The victim has a title to execute the conciliation protocol at any time.