The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. On February 11, 2011, the Defendant: (a) completed the principal registration procedure based on the provisional registration on the right to claim the transfer registration of ownership in G name on December 8, 2001 with respect to the land (hereinafter “instant real estate”) owned by the Defendant, Nam-si, Namwon-si, Namwon-si; (b) however, there was no risk of undermining the obligee due to other assets sufficient to secure the obligee’s execution at the time.

Nevertheless, the judgment of the court below which judged that the defendant evaded the creditor's compulsory execution by the above principal registration was erroneous in the calculation of the defendant's property at the time.

B. In the crime of evading compulsory execution by misunderstanding the legal principles, false transfer means the alteration of the name of the property by pretending as if the nominal transferor were true even though it is not a true transfer.

However, since the Defendant transferred the instant real estate to G, who is Jin-do, the Defendant’s principal registration, the obligee’s request for auction concerning the instant real estate was dismissed due to the Defendant’s principal registration, and it cannot be deemed as evasion of compulsory execution.

However, the judgment of the court below is erroneous in the misunderstanding of legal principles.

C. The sentence imposed by the court below (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. The crime of evading compulsory execution under Article 327 of the Criminal Act of the judgment on the assertion of mistake of facts is established when there is a risk of undermining the creditor by concealing, destroying or transferring property or by bearing a false obligation for the purpose of evading a subjective compulsory execution under the circumstances where the creditor appears to institute or institute a lawsuit for preservation of the principal claim or in the state where he/she actually is likely to be subject to compulsory execution, provisional seizure, or provisional disposition under the Civil Execution Act. In short, the crime of evading compulsory execution under Article 327 of the Criminal Act of the judgment on