The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: on August 16, 2013, the defendant intentionally damaged the creditor, by concealing the property of the defendant for the purpose of evading compulsory execution by having the right to request the transfer of ownership of D forest land in Gwangju Mine-gu to cancel the registration thereof; and

In light of the above legal principles, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On July 30, 2010, the summary of the facts charged in the instant case entered into a contract with C to purchase D forest in Gwangju Mine-gu with KRW 400 million. From July 5, 2010 to August 17, 2010, the Defendant paid the purchase price to C with the funds raised by the victim E and the Defendant, and on September 8, 2010, the Defendant established the right to claim the transfer of ownership based on the pre-sale agreement with the Defendant as the right to claim the transfer of ownership on the ground of the pre-sale agreement with the Defendant as the right to claim the transfer of ownership.

On December 7, 2012, the Defendant: (a) on February 15, 2013, issued a provisional disposition prohibiting the transfer of the above right to request the transfer of ownership by the injured party; and (b) on February 15, 2013, the Defendant paid the victim KRW 50 million by August 15, 2013; and (c) KRW 300 million by February 15, 2015; and (d) paid the interest on February 15, 2015.

When interest is delayed for at least one month, compulsory execution shall be conducted immediately without a separate notice.

“The victim entered into an agreement and cancelled the registration of provisional disposition on February 19, 2013, but the Defendant transferred three times a month from March 15, 2013 to July 15, 2013 as interest.

The Defendant, on August 8, 2013, was unable to pay principal and interest, and the right to request the transfer of ownership of the forest under the name of the Defendant was anticipated to be preserved on the registration of the right to request the transfer of ownership of the forest under the name of the Defendant, and on September 8, 2010, the right to request the transfer of ownership based on the pre-sale agreement made by the Defendant as the holder of the right to make the transfer of ownership on September 8, 2010 without any reason.