The defendant shall be innocent.

1. The Defendant, along with his wife in a de facto marital relationship, operated D Co., Ltd. from around December 2006.

D Around September 30, 2008, when purchasing the E-wing truck, the D Co., Ltd. borrowed KRW 14,800,000 from Daewoo Capital Co., Ltd., and on October 9, 2008, set up a mortgage on the above cargo vehicle to Daewoo Capital Co., Ltd., and the Defendant used the above cargo vehicle for its business and personal purposes from that time.

On the other hand, around August 3, 2012, the victim corporation, who took over the above loan claims and mortgage against the principal amounting to KRW 11,048,078 and D Co., Ltd. with interest remaining D Co., Ltd., applied for delivery execution on August 11, 2015 to the Jung-gu District Court for delivery of the above cargo units on August 20, 2015, and conducted delivery execution on August 20, 2015 for the above cargo units as well as H agricultural corporations operated by the defendant, who is in the Gangwon-do Hawon-gun, the defendant corporation and C Co., Ltd.

Therefore, in order to escape compulsory execution against the above cargo vehicle, the Defendant made a false assertion to the above court execution officer that the above cargo vehicle was duly owned by being transferred from D Co., Ltd. for the purpose of securing the above cargo claim, etc., and made it unclear about the possession and ownership of the above cargo vehicle, notwithstanding the absence of wage claim equivalent to KRW 28,00,000,000, which should be received from D Co., Ltd.

Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the victim company.

2. Determination

A. Compulsory execution to which the crime of evading compulsory execution under Article 327 of the Criminal Act applies refers to the execution of compulsory execution, provisional seizure, provisional disposition, etc. subject to the application of Part II of the Civil Execution Act. The act of concealing property for the purpose of evading “auction for the execution of a security right, etc.” subject to the application of Part III of the Civil Execution Act is not subject to the regulation of the said crime.