The defendant's appeal is dismissed.

1. The summary of the grounds for appeal lies in the fact that the Defendant completed the registration of ownership transfer for the multi-household housing (hereinafter “multi-household housing”) 101 on the non-party E in Gwangju-si, Gwangju-si, and created a right to collateral security for the above multi-household housing (hereinafter “multi-household housing”). However, the Defendant borrowed money from C whenever construction cost falls short of the construction cost during the construction of the above multi-household housing, and at the time of borrowing, the Defendant borrowed money from C at the time of the completion of the above multi-household housing. At the time of borrowing, the Defendant transferred the two households among the above multi-household housing to C. In lieu of paying the above loan, the Defendant did not have any obligation to compensate for the said multi-household housing or transferred the above multi-household housing to C by fraudulent means.

2. In the crime of evading a judgment on compulsory execution, false transfer means the alteration of the ownership name of the property by taking the form of transfer on the surface despite the absence of actual intention of transfer, and the concealment means that a person who executes compulsory execution makes it impossible or difficult to discover the debtor's property. In the event there is a risk of undermining the creditor's property due to such act, the crime of evading a compulsory execution is established, and the actual consequence undermining the creditor is not necessarily caused, but the crime of evading a compulsory execution is not established;

(See Supreme Court Decision 2001Do4759 Decided November 27, 2001). The evidence duly admitted and examined by the court below is comprehensively taken into account the following circumstances, i.e., the appellate court (Seoul High Court 2008Na98428) of a civil lawsuit against the Defendant seeking payment for the new construction of a multi-household house (Seoul High Court 2008Na98428) through November 11, 2009 between the Defendant and H, and 10 days from the time when the Defendant approved the use of a multi-household house of this case.