The defendant shall be innocent.

1. On June 3, 2014, on the ground that the Defendant, who was aware of the facts charged, lent money to the Defendant, the Defendant was partly awarded a favorable judgment on October 16, 2014, ordering C to pay KRW 28,800,000 and delay damages therefor from the above court.

According to the above judgment, the Defendant changed the beneficiary of modern maritime sea, fire and fire insurance without dividends, and the beneficiary of the Lone Star comprehensive Insurance, designated as the beneficiary, to D, and attempted to change the insurance money receipt account to D's bank account (Account Number:E) and receive and conceal the insurance money in order to avoid defective compulsory execution by C.

On December 18, 2014, the Defendant: (a) at the office of the Hyundai Marine Insurance Co., Ltd., Ltd. located in Busan Seosan-dong, changed the beneficiary of the said non-dividend dividend insurance to D; and (b) changed the insurance money receipt account to the above bank account of D; and (c) received insurance money from the Hyundai Marine Insurance on February 3, 2015.

Accordingly, the defendant concealed insurance money for the purpose of evading compulsory execution by the creditor C, and harmed the creditor.

2. Determination

A. Since the crime of evading compulsory execution under Article 327 of the Criminal Act is mainly protected by the protection of the rights of creditors, the rights of creditors, which are the basis of compulsory execution, are the elements for the crime of evading compulsory execution.

Therefore, if the existence of a claim is not recognized, the crime of evasion of compulsory execution is not established (see, e.g., Supreme Court Decisions 88Do48, Apr. 12, 198; 2007Do3005, Jul. 12, 2007). Therefore, in order to acknowledge a guilty of evasion of compulsory execution, it is necessary to first examine and determine whether a claim exists, and in civil proceedings, it is already required to examine and determine whether a claim exists.