The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. misunderstanding the facts as to the existence and scope of claims and misunderstanding the legal principles, the Defendant is not a party to a contract entered into on January 13, 2015 between the agricultural partnership E (hereinafter “E”) and the F (hereinafter “F”), and the F is unable to exercise the claim for construction cost under the said contract because it fails to perform the contractual obligations (REC security obligation and the PF lending obligation, etc.). Since a civil lawsuit instituted by the F against E is in progress, the existence and scope of F’s claim cannot be grasped, and therefore, the existence of a claim constituting the elements for the establishment of a crime of evading compulsory execution cannot be acknowledged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The misunderstanding of the facts and misapprehension of the legal principles as to whether a false debt was borne by the Defendant merely set up a mortgage with H to secure a genuine debt that may arise in the future, and did not bear a false debt.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

(c)

misunderstanding of the fact about the purpose and intention of evading compulsory execution, and misunderstanding of the legal principles, the Defendant did not have any intention or intention to evade compulsory execution with H at the time of establishing a right to collateral security.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. Determination

A. The summary of the facts charged is the representative director of agricultural partnership E established for the purpose of solar power generation business, and the F is a company that runs energy business, such as the construction of solar power plants, and new and renewable energy business.

On January 13, 2015, the Defendant established solar power infrastructure and solar power generation facilities on land, such as the F Co., Ltd. and the Southern Military G, around December 15, 2014.