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The defendant shall be innocent.
Reasons
1. On April 14, 2000, the Defendant borrowed KRW 20 million from the victim B and did not repay the borrowed money. On January 28, 2009, the Defendant served a written payment order issued by the Suwon District Court for the above borrowed money and the payment order issued on February 12, 2009 became final and conclusive.
The Defendant, from April 2016 to April 2016, was employed in Ssung City Co., Ltd. and received KRW 1,500,000 each month, was apprehended to be subject to compulsory execution of benefits due to the above payment order, and was willing to receive benefits from the said E’s deposit account in order to escape this. From around that time, the Defendant received benefits in an amount equivalent to KRW 54 million from the said company to the agricultural bank account in the name of the above E.
Accordingly, the defendant concealed property in order to escape compulsory execution, thereby damaging the creditor who is the creditor.
2. Determination
A. The object of the crime of evading the relevant legal doctrine is limited to the debtor’s property which the creditor can take as the object of compulsory execution or preservative measure under the Civil Execution Act.
(Supreme Court Decision 2006Do8721 Decided September 11, 2008). Meanwhile, Article 246(1)4 of the Civil Execution Act provides that "an amount equivalent to 1/2 of the wage, pension, salary, bonus, retirement pension and other wage claims of similar nature: Provided, That where the amount falls short of the amount prescribed by Presidential Decree in consideration of the minimum cost of living under the National Basic Living Security Act, or exceeds the amount prescribed by Presidential Decree in consideration of the cost of living of standard households, the amount prescribed by Presidential Decree shall be respectively determined by Presidential Decree." Article 3 of the Enforcement Decree of the Civil Execution Act provides that "The minimum amount to be prohibited from seizure under Article 146(1)4 of the same Act is KRW 1850,00 per month (amended by Presidential Decree No. 29603, Mar. 5, 2019)."
B. Specific determination of the facts charged in the instant case is made by the Defendant on April 2016.