The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. Comprehensively taking account of the evidence submitted by the Prosecutor’s summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles), the fact that the Defendants assumed false obligations for the purpose of evading compulsory execution against the machinery of the victim’s Defendant A (hereinafter “the instant machinery”) as stated in the facts charged in the instant case can be acknowledged.

However, since the court below acquitted the Defendant of the facts charged in this case, it erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. On November 30, 201, Defendant A purchased land of KRW 824,400,000,000,000 from D located in Gyeyang-gu, Seoyang-gu (Seoul) on the charge of the instant case, and Defendant A entered into a lease agreement with the victim G on December 13, 201 with regard to the 1st floor of the instant building on the condition that “the instant building was newly constructed on the said land (hereinafter “instant building”) and run the F factory” (hereinafter “instant maintenance plant”).

Defendant

On May 1, 2013, A drafted a protocol of compromise stating that “A shall pay KRW 5750,000 to the victim,” between the victim and the victim, on October 28, 2013, since the said lease agreement was rescinded, the victim was unable to refund the lease deposit, etc. to the victim.”

However, Defendant A failed to comply with the above protocol of compromise, the victim applied for a compulsory auction on the instant building owned by the Defendant and sought to recover the claim through compulsory execution against Defendant A’s property on July 17, 2014, including the commencement of a compulsory auction on the instant building.

【Criminal Facts】

The Defendants conspired to act in collusion with the victim for the purpose of evading compulsory execution based on the victim’s above protocol of compromise, and the facts at the J Office of the Law Firm J of Goyang-dong, Yongsan-gu, Goyang-si around September 2, 2014 are stipulated under the lease agreement on the instant building between the Defendants.