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Defendants are not guilty.
Reasons
1. Defendant A is a person who operates a repair store under the trade name of “E” located in Osan City D, and Defendant B is a person who is a business operator of the above E and a lessee of the store lease contract as Defendant A’s wife.
around September 10, 2010, the Defendants borrowed KRW 30 million from the Victim F to the above E Business Fund, and repaid KRW 4 million until December 31, 201, the due date for payment, and failed to repay the remainder of KRW 26 million.
The Defendants conspired with the intent to evade compulsory execution with the intent to repay the debt amounting to KRW 26 million by the victim after the due date of the loan, and to demand the victim to repay the debt amounting to KRW 26 million. On February 10, 2012, the Defendants prepared a real estate lease agreement under the pretext that Defendant A did not perform the debt even though Defendant A was not liable to repay the debt amount to Defendant B, upon request from the lessor H’s agent in the above E around February 10, 2012, changing the lessee’s name from “B” to “G” from “B,” and, on February 14, 2012, changed the name of the above E’s business registration from “B,” from “B,” to “B,” the victim was unable to perform compulsory execution against the aforementioned E store lease deposit return claim, credit card sales claim, and corporeal movables in the above store.
Accordingly, in order to escape compulsory execution, the Defendants transferred property to G by false transfer, thereby damaging the victim.
2. Determination
A. The crime of evading compulsory execution is established when property is concealed, destroyed, transferred, or falsely charged with the liability of the obligee for the purpose of evading compulsory execution. For the crime of evading compulsory execution, the crime of evading compulsory execution refers to the alteration of the ownership of the property by taking the form of transfer on the surface despite the absence of actual intention of transfer. If the property was transferred by intention, such alteration is made with the intention of evading compulsory execution.