The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal (to the extent of supplement in case of a summary of pleadings submitted after the error in fact or misapprehension of legal principles, and the period of supplemental appellate brief has elapsed, finc in number);

A. The part of fraud: (a) the Defendant took over a golf driving range for the operation of the victim, but did not have funds for the repayment of the acquisition price; (b) agreed to make installment payments for nine months from the date of acquisition on the premise that the Defendant would have repaid the proceeds of business generated at a new place of business, including the above practice hall, with the victim; and (c) thereafter, (d) started business by raising more than KRW 500 million, and (e) raising funds in excess of KRW 500 million; (e) notwithstanding the Defendant’s efforts, the Defendant failed to pay the acquisition price according

Therefore, there can not be a deception, and there was no criminal intent of fraud.

B. The Defendant had changed the name of the business operator of the Defendant’s place of business for the division of property and the payment of consolation money following the divorce, and had sufficient property to secure enforcement by holding the commercial buildings located at the time of the time of the transfer (at least 267 million won). The Defendant was unaware of the fact that the victims applied for compulsory execution.

Therefore, it cannot be said that there is a false transfer, the creditor has been harmed, and there was no intention to commit the crime of evading compulsory execution.

2. Determination

A. Determination on the part of fraud claim (1) In general, the transaction party’s credit standing is an important meaning in the transaction, and the transaction party is responsible for the other party’s transaction practice to pay attention to its credit standing. Thus, the transaction party cannot be deemed as a deception on the ground that it did not notify the other party of his/her credit standing even though it did not have any legal obligation to notify his/her credit standing to the other party.

However, the intention of performance.