The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.

The grounds of appeal are examined.

The crime of evading compulsory execution under Article 327 of the Criminal Act is a danger of undermining creditors by concealing, destroying or transferring property or by bearing false debts for the purpose of evading any compulsory execution under the circumstances in which creditors are showing the attitude to institute a lawsuit for compulsory execution, provisional seizure, or provisional disposition under the Civil Execution Act, in reality, under the objective condition that there is a risk of undermining creditors, such as the crime of evading compulsory execution. It does not necessarily lead to the result that causes damage to creditors, or the crime of taking certain profits is not established, and in case where an actor assumes false debts for the purpose of evading compulsory execution under the condition that there is a risk of undermining creditors, barring any special circumstances, in case where the creditor bears false debts for the purpose of evading compulsory execution under the condition that there is

the creditor may not be deemed to have any risk of undermining the

(2) According to the reasoning of the lower judgment, the lower court found the Defendant guilty of the facts charged in the instant case on the ground that the Defendant had sufficient property to secure the execution of the above H’s claim on February 11, 201, based on the following facts: (a) the Plaintiff secured real estate equivalent to KRW 53,772,590 as security; and (b) the Defendant owned KRW 10,981,440 of the officially assessed individual land price other than the property transferred to G; and (c) the Defendant owned KRW 1,488 square meters and KRW 9,660,360 of the officially assessed individual land price, and KRW 1,488 of the said assessed individual land price and KRW 9,660,360 of the said assessed individual land price, but the real value of each of the above real property appears to be higher than the officially assessed individual land price; (d) at the time, there was sufficient property to secure the Defendant’s execution of the Defendant’

However, according to the reasoning of the lower judgment and the evidence admitted by the lower court, the Defendant became final and conclusive in Seoul District Court Decision 2002Gahap51475.