The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, the Defendant’s receipt of the full-time rent of the store No. 2010 located in the F Station (hereinafter “instant store”) by the Defendant’s personal account under the name of the Defendant’s wife H, rather than the corporate account under the name of D Co., Ltd. (hereinafter “D”) (hereinafter “D”), is separate from the Defendant’s personal consumption of the said full-time rent by the Defendant, thereby evading compulsory execution against the obligor D by the creditor Urban Railroad Corporation in Seoul Special Metropolitan City (hereinafter “Urban Railroad Corporation”). As such, the Defendant’s exemption from compulsory execution constitutes “a concealment” in the crime of evading compulsory execution.

Nevertheless, the judgment of the court of first instance that found the defendant guilty of the occupational embezzlement of the former rent at the store of this case and acquitted the defendant of the evasion of compulsory execution, is erroneous in the misapprehension of legal principles.

B. Sentencing 1 Deliberation Sentence (one year of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. Determination:

A. (1) The act of embezzlement as a constituent element of embezzlement of the relevant legal doctrine refers to the act of a person who keeps another’s property without authority, contrary to the intent of the commission, to make himself/herself or a third party gain a benefit from his/her own or a third party, and the act of realizing an intention to dispose of the property in fact or in law without authority, and the crime of evading compulsory execution refers to the act of making it impossible or difficult for a person who carries out compulsory execution to discover a debtor’s property for the purpose of evading compulsory execution, and if the property was transferred by intention, it would result in an obligee’s disadvantage because it was carried out for the purpose of evading compulsory execution.

Even the crime of escape from compulsory execution is a crime.