The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. Summary of grounds for appeal;

A. Legal principles are as follows: (a) the Defendant discontinued his/her business registration of “F” in his/her name and lends the name of a credit card merchant from December 14, 2016 to January 11, 2017 to “M”; (b) the representative is a “L” and the sales proceeds claim arising in the course of running a frequency collection is an uncertain claim; and (c) the bonds are not yet legal relations between the Defendant or the credit card company, and thus, do not constitute an object of the crime of escape from compulsory execution.

In addition, according to the statement of performance attached to the fair deed, a guarantee claim held by the injured party against the Defendant arises under the condition that “to be held in excess of the ownership of the other debt I by auction and hold it in excess of the ownership of the other debt I by auction.” As such, the above condition was fulfilled on June 5, 2017, which was after the Defendant had operated a house in the name of the principal, after the Defendant had operated the house in the name of the principal, it cannot be deemed that the crime of evading compulsory execution was established on the ground that the victim’s claim was not yet established at the time of the evasion of the Defendant’s obligation.

Nevertheless, the court below found all of the charges of this case guilty. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of misapprehension of the legal doctrine refers to that an obligee’s property, which is the object of a crime of evading compulsory execution under the Civil Execution Act, among the debtor’s property, can be considered as the object of compulsory execution or preservative measures under the Civil Execution Act. Even in the future rights, if there is a sufficient legal relationship between the debtor and the third debtor with which the debtor’s future claim has been indicated or determined, it shall be deemed that the property falls under the property (see Supreme Court Decision 2011Do6115, Jul. 28, 201). The term “concept of property in the crime of evading compulsory execution” under Article 327 of the Criminal Act means a person who executes compulsory execution.