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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around March 15, 2016, the Defendant entered into a lease agreement with the Seongbuk-gu Seoul Metropolitan Government and 106 dong 1403 on a lessor’s apartment complex with a deposit amount of KRW 20 million, monthly rent of KRW 1,50,000,000, and the duration of May 9, 2017, and held a claim for the return of the lease deposit against the lessor.
Around April 9, 2014, the Defendant filed a lawsuit against the Defendant from the obligee E to claim for the amount of money in Seoul Northern District Court 2014 Ga 13638, which was the Seoul Northern District Court 2014, and around August 2016, the Defendant concealed the property by means of re-preparation the lease contract with the content of changing the lessee to the Defendant’s living H, from the Seoul Northern District Court 2014, to the obligee’s claim for the collection and seizure order against the Defendant, who is likely to be subject to a claim collection and seizure order against the Defendant from the obligee E, around August 9, 2016.
2. Determination
A. Article 327 of the Criminal Act intends to protect the rights of creditors who have been deprived of compulsory execution by punishing “a person who has damaged creditors by concealing, destroying, transferring, or falsely bearing an asset for the purpose of evading compulsory execution.” Thus, the object of the crime of evading compulsory execution should be that the creditor from among the debtor’s property may be subject to compulsory execution or preservative measures under the Civil Execution Act (see, e.g., Supreme Court Decisions 2006Do8721, Sept. 11, 2008; 2010Do4129, Dec. 8, 2011). Meanwhile, Article 246(1)6 of the Civil Execution Act provides that the deposit amount equivalent to “the amount eligible for preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act,” and Article 8(1)3 of the Housing Lease Protection Act and Article 100,000 won of the Enforcement Decree of the same Act shall be subject to prohibition of compulsory execution.
(b) above;