The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the developments leading up to the misunderstanding of facts that the Defendant donated the apartment of this case to the wife, the Defendant did not have the purpose of evading compulsory execution, and the donation of this case was based on the true will not be false and genuine, and the Defendant’s guaranteed liability against the victim C was extinguished along with the extinguishment of the principal obligation and did not constitute a crime of evading compulsory execution. However, the judgment of the court below which found the Defendant guilty of the charges of this case

B. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended execution) is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. The crime of evasion of compulsory execution under Article 327 of the relevant law is a dangerous crime, and under the objective condition that is practically likely to be subject to compulsory execution, provisional seizure, or provisional disposition under the Civil Procedure Act. In other words, the crime of evasion of compulsory execution is established when there is a risk of undermining the creditors by concealing, destroying, transferring, or bearing false debts for the purpose of evading compulsory execution on the merits or in the state where the creditors appear to institute or institute a lawsuit for preservation of the property, namely, where the creditors have concealed, destroyed, transferred, or falsely borne with the intent

(Supreme Court Decision 2012Do3999 Decided June 28, 2012). In addition, with respect to the crime of evading compulsory execution, a false transfer means the change of the ownership of property by taking the form of transfer on the surface despite the absence of the actual intention of transfer, and the concealment means that a person who executes compulsory execution makes it impossible or difficult to discover the debtor’s property, and on the ground that the amount of debts secured by the concealed real property exceeds the market value of the concealed real property, there is no risk of undermining the creditor due to such concealment.