The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal: The Defendant, in a situation where compulsory execution by the obligee B is anticipated, transferred the instant private teaching institute falsely to the obligee, and thus, there was a risk of undermining the obligee’s obligee, thereby constituting a crime of evading compulsory execution.

Nevertheless, the judgment of the court below not guilty is erroneous in the misapprehension of legal principles.

2. Determination

A. On February 6, 2015, the Defendant of the facts charged of the instant case entered into a lawsuit seeking prohibition of business filed by the victim B at the Daejeon High Court (Seoul High Court) on or after January 1, 2016, the conciliation was concluded with the effect that “the Defendant refers to the Seosan District Complex (hereinafter “Defendant”) and operated a English Private Teaching Institute in the name of “G” while holding D, E, and F among them. In the English franchise private teaching institute business or English.” The conciliation was concluded with the effect that “the Defendant does not operate the franchise private teaching institute business in the English name, including the content related to English business,” and if the Defendant operates franchise in the name of the Defendant after the lapse of the said period, there was a risk of being subject to compulsory execution, such as indirect compulsory performance of prohibition of business, in accordance with the above conciliation. The fact that the Defendant, even if having no fact that the Defendant transferred the “private teaching institute” operated by the Defendant to H, the Defendant did not intend to complete the franchise agreement in the name of G.

On December 1, 2015, the Defendant requested H to the office of the above private teaching institute office located in Seosan-si C Apartment 3, 2015, “The sales of the private teaching institute operated by the Defendant are too high, and there are many taxes, so only the number of car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car-type car

Accordingly, the defendant is exempt from compulsory execution.