beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged did not pay KRW 362,698,222 to the injured party C the air-conditioning and heating container installation cost of the DD building at the time of the Government in 2009, and the injured party filed a lawsuit against the accused for construction cost with the Government District Court around January 7, 2010.
Around September 7, 2012, the above court rendered a judgment that “the defendant shall pay KRW 230,483,591 to the victim,” and the victim shall be the executive title of the first instance judgment and applied for an auction of the E building No. 504, 2404 at the time of Namyang-si owned by the defendant around that time.
However, the Defendant, in collusion with the denied F, agreed to transfer the above apartment owned by the Defendant to another person for the purpose of evading compulsory execution by transferring the ownership under the name of the denied apartment, and on November 1, 2012, by completing the registration of ownership transfer based on the gift in the name of the denied F, the above apartment was falsely transferred to F.
2. Determination
(a) In the crime of evading compulsory execution, false transfer means changing the ownership title of the property by taking the form of transfer on the surface while there is no actual intention of transfer.
Therefore, if property was transferred by a prior intent, even if it was conducted for the purpose of evading compulsory execution and thereby causing disadvantages to creditors, it does not constitute a false transfer of the crime of evading compulsory execution (see, e.g., Supreme Court Decisions 1949, Sept. 8, 1998; 2007Do9197, Mar. 26, 2009).
According to the evidence submitted by the prosecutor as to whether the gift in this case is a false transfer, the defendant applied for a compulsory auction against the above apartment owned by the defendant with the title of the first instance court judgment (Ji-gu District Court Decision 2010Kahap10600) which declared provisional execution around September 19, 2012. However, the defendant applied for a compulsory auction against the above apartment owned by the defendant.