Whether the establishment of the crime of evading compulsory execution causes harm to the creditors;

The crime of evading compulsory execution is established when property is concealed, damaged, false transfer, or false debt is borne with a specific risk of being subject to compulsory execution as a dangerous crime, and it does not necessarily lead to the result of damaging the obligee, or an offender does not establish a crime of evading any profit.

Article 327 of the Criminal Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Defendant

Defendant

Gwangju District Court Decision 94No204 delivered on July 1, 1994

The appeal is dismissed.

The defendant's grounds of appeal are examined.

The crime of evading compulsory execution is established when a person bears property concealment, destruction, false transfer, or false debt with a specific risk of being subject to compulsory execution as a dangerous crime, and it does not necessarily lead to the result of damaging the creditor, or an offender commits an offense of evading compulsory execution. (See Supreme Court Decision 88Do343, May 23, 1989).

Examining the evidence in the statement of the first instance court cited by the court below in light of the records, it is acceptable that the court below found the defendant guilty of the crime of evading compulsory execution as stated in the judgment, and there is no error of misconception of facts against the rules of evidence or of misunderstanding of the legal principles as to the crime of evading compulsory execution, such as the theory of lawsuit.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-ho (Presiding Justice)