The judgment below is reversed, and the case is remanded to the Jeonju District Court.

The grounds of appeal are examined.

1. The summary of the facts charged is as follows.

A. Defendant A was appointed as the representative director of E Co., Ltd. (hereinafter “E”) on June 14, 2010, and Defendant B is the representative director of F Co., Ltd. (hereinafter “F”).

B. The injured Party Korea Skdo Doz. (hereinafter “Skdo Doz.”), Inc. (hereinafter “Skdo Doz.”), has a loan claim against E.

(c)

F was paid KRW 462,100,000 out of the construction cost of KRW 968,700,000,000, which was paid by the KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”), the level of KRW 568,70,00 after the Party’s default.

(d)

F was granted loans using promissory notes with face value of KRW 430,000,000 at face value and promissory notes with face value of KRW 304,00,000 at face value, and lent loans to E.

The F's loan obligation was fully repaid in E or its obligor changed and terminated.

E. However, the Defendants, on July 23, 2010, bear the obligation of KRW 2,610,00,000, in total, including interest thereon, at KRW 734,000,00 for the construction cost claim against F in relation to E, and at KRW 2,641,20,267, in total, including interest thereon.

Then, on August 3, 2010, each of the instant notes (hereinafter referred to as “the instant notes”) was prepared, and around August 3, 2010, the process deed of the instant notes (hereinafter referred to as “the process deed”) was prepared.

Defendant

B On August 12, 2010, E received a collection order for the seizure and collection of the instant claim (hereinafter “the collection order for the instant claim”).

F. By doing so, the Defendants conspired to bear false debt with the intent to escape from the compulsory execution by the victim scloid bank.

2. Determination on evasion of compulsory execution in respect of construction cost;