The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal of this case is that the insurance benefits of this case cannot be subject to compulsory execution because they are claims prohibited from seizure. Thus, they do not constitute objects of the crime of evading compulsory execution stipulated in Article 327 of the Criminal Act.

Therefore, although the defendant's act of changing the insurance benefit receipt account does not constitute evasion of compulsory execution, the judgment of the court below convicting the defendant, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant lent money from creditors C (78 tax, leisure) to use the money and promised to repay the amount of KRW 80 million with respect to a debt of KRW 80 million which has not been repaid, until August 9, 2012; and (b) signed a notarized promissory note on August 9, 2011.

However, the above creditor who did not repay the debt on the date of repayment was granted an execution clause on a promissory note’s fair deed for the repayment of the debt and applied for the seizure and collection of the claim amounting to KRW 26,66,67 against the national bank against the defendant’s third debt holder who is the defendant’s third debt holder, and received a written ruling from the Jung-gu District Court on April 1, 2013.

On May 14, 2013, the above creditor collected KRW 1,284,112, which was part of the insurance benefits (temporary suspension benefits) paid from the Labor Welfare Corporation to the national bank account in the name of the defendant attached as above from the Labor Welfare Corporation.

The defendant, who became aware of the fact, tried to conceal the insurance benefits to be paid in the future by changing the receipt account to another account.

On May 2013, the Defendant established a bank passbook (D) with the insurance benefit receipt account and changed the receipt account from the government branch of the Korea Labor Welfare Corporation.

Accordingly, in order to escape compulsory execution, the Defendant’s property by changing the insurance benefit receipt account to another account.