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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s assertion on the evasion of compulsory execution by himself/herself on June 14, 2013 and fraud bankruptcy based thereon ought to be deemed to have been owned by the Defendant at least KRW 2.5 million out of the lease deposit of a lease agreement concluded in his/her own name F on June 14, 2013, concluded on June 14, 2013.
Nevertheless, the judgment of the court below which acquitted the defendant on June 14, 2013 of the facts charged of this case on the grounds that there is no evidence to prove that the above five million won was owned by the defendant, and on the grounds that there was no evidence to prove that it was owned by the defendant, it erred by misapprehending the legal principles or misapprehending the fact.
B. The Defendant’s assertion on the evasion of compulsory execution by the person on August 21, 2013 and on March 5, 2014, as well as on March 5, 2014, and the fraud bankruptcy based thereon constitutes the subject matter of compulsory execution or preservative measures, and the property belonging to the bankrupt estate.
Nevertheless, the judgment of the court below which acquitted the defendant on August 21, 2013 and March 5, 2014 on the evasion of compulsory execution and the fraud based thereon, among the facts charged in the instant case, is erroneous by misapprehending the legal principles or misapprehending the legal principles.
2. Summary of the facts charged in this case
A. The Defendant exempted compulsory execution on or around March 25, 200, the Defendant borrowed KRW 58 million from the Victim C to the Defendant, but failed to make a change, with the intent to escape compulsory execution upon the Defendant’s loss of the Plaintiff in the loan claim lawsuit filed with the Seoul Western District Court (No. 33283) around November 2, 2012. (1) On or around June 14, 2013, the Defendant entered into a real estate lease agreement with the owner of E and the deposit of KRW 5 million for the first floor of the Yongsan-gu Seoul Metropolitan Government D ground, Seoul, with the name of the lessee as F, the Defendant’s father’s father’s wife’s father’s wife’s wife’s wife’s wife’s wife’s wife’s unknown ownership. (2) On or around August 21, 2013, Seoyang-dong District Court No. 2000,000,000 Yongsan-gu, Seoyang-gu, Incheon District Court.