The meaning of false transfer in the crime of evading compulsory execution.

A false transfer in the crime of evading compulsory execution means a change of the name of the property by pretending as a true transferor even though it is not a true transfer, so if a true transfer is made, it does not constitute a false transfer even if it is an act that is likely to prejudice the creditor as it is for the purpose of evading compulsory execution.

Article 327 of the Criminal Act, Article 108 of the Civil Act

Supreme Court Decision 4293Do685 delivered on October 19, 1960, 80Do382 Delivered on July 27, 1982

Defendant 1 and one other

Prosecutor

Seoul Criminal Court Decision 83No19 delivered on April 1, 1983

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

A false transfer in the crime of evading compulsory execution refers to a false transfer which is pretended to be a true transferor, even though it is not a true transfer, and so if a true transfer is made, it does not constitute a false transfer which is a constituent element of the crime of evading compulsory execution, even though it is an act which is likely to prejudice the creditors.

According to the court below's final and conclusive facts, Defendant 1 entered into a payment contract in lieu of the building of this case, which is an unregistered real estate owned by Defendant 1, as a security, and there is no evidence to regard the above payment contract in lieu of false representation as an act of false representation. Upon examining the evidence preparation process conducted by the court below in accordance with the records, the above judgment below is just and there is no ground to believe that the above act of transfer between the Defendants does not constitute a false transfer of the crime of evading compulsory execution, and even though Defendant 1 had already entered into the payment in lieu of the victim's assistance in the above building with the victim's assistance, the above act of transfer between the Defendants does not constitute a false transfer of the crime of evading compulsory execution. It is clear that even if Defendant 1 had already entered into the payment in lieu of the above contract in lieu of the victim's assistance in the above building, it cannot be viewed as a false transfer, so long as the latter contract in lieu of the fact that the payment in lieu

In the end, the judgment of the court below which acquitted the defendant is just and reasonable, and the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Lee Sung-soo (Presiding Justice)