The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 5 million) is too unreasonable.

2. It is recognized that the crime of evading compulsory execution requires strict punishment due to the crime that obstructs the effectiveness of compulsory execution and the legitimate exercise of creditor’s rights.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant was in violation of the recognition of the instant crime; (c) the Defendant paid KRW 55 million to the victim in the first instance; and (d) there was no record of criminal punishment against the Defendant; and (d) other various sentencing conditions as indicated in the records and theories of the instant case, including the Defendant’s age, sex, criminal conduct, environment, family relationship, family environment, circumstances after the commission of the crime; and (e) the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable;

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 327 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by the Criminal Procedure Act.