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The defendant shall be innocent.
Reasons
1. From November 2015 to July 14, 2016, the Defendant: (a) did not pay KRW 127,142,715 upon the supply of the goods from the victim Company B, the Defendant, from around November 2015, and did not pay KRW 127,142,715; and (b) did not request the victim to pay the goods from the victim Company until August 18, 2016; (c) was likely to be subject to compulsory execution from the victim Company; and (d) was willing to conceal the Defendant’s business and property, which the Defendant established and operated with the name of the said Company C, as if it were the property of the said Company C.
On August 31, 2016, the Defendant drafted a lease agreement with G, the owner of the foregoing D E EF, and the lessee of the building, who is the owner of G and the building in Gangdong-gu Seoul EF, with the rental deposit amount of KRW 3 million used as the above D office.
Accordingly, the defendant concealed the claim for return of the lease deposit in order to escape compulsory execution.
2. Determination
A. In the crime of evading compulsory execution, false transfer means the alteration of the ownership name of the property by taking over the form of transfer on the surface despite the absence of actual intention of transfer, and the concealment means that the person executing compulsory execution makes it impossible or difficult to discover the debtor's property. If the property was transferred by the truth, even if it was made for the purpose of evading compulsory execution and resulting in the creditor's disadvantage, it shall not be deemed that it does not constitute a false transfer or concealment of the crime of evading compulsory execution.
(See Supreme Court Decision 98Do1949 delivered on September 8, 1998, etc.). B.
In full view of the following circumstances revealed by the records of the instant case, the Defendant appears to have changed the name of the lessee to C with the intention of having changed the name of the lessee, and otherwise, the Defendant has the intention to evade compulsory execution with respect to the claim to return the lease deposit.