CONTENTS
- 1. Crime of evading compulsory execution | Concept

- - Elements of the offense
- - Meaning of compulsory execution
- 2. Crime of evading compulsory execution | Level of punishment

- - Sentencing standards
- - Frequently occurring cases
- - Levels of punishment seen through related precedents
- 3. Crime of evading compulsory execution | If you are a suspect?

- - Where you admit the charges
- - Where you deny the charges
- - When Professional Assistance May Be Needed
- 4. Crime of Evasion of Compulsory Execution | If You Are the Victim?

- - Criminal Complaint
- - Civil Lawsuit
- - When Professional Assistance May Be Needed
1. Crime of evading compulsory execution | Concept

The crime of evading compulsory execution is one of the crimes interfering with the exercise of rights under Chapter 37 of the Criminal Act.
Under Article 327 of the Criminal Act, it applies where a person, for the purpose of evading compulsory execution, conceals, destroys, or fraudulently transfers property, or assumes a fictitious debt, and thereby harms a creditor.
This crime is punished because it involves a debtor avoiding or obstructing the creditor when the creditor seeks to recover the debt by force through a legally legitimate procedure.
Elements of the offense
For the crime of evading compulsory execution to apply, the following requirements must be met.
▷ There must be a purpose of evading compulsory execution
▷ There must be an act of concealing or destroying property, fraudulently transferring it, or assuming a fictitious debt
The crime of evading compulsory execution may apply based on the act done with intent to evade alone, regardless of whether the creditor actually suffered harm or the actor obtained a benefit.
Meaning of compulsory execution
Compulsory execution is a procedure in which the State exercises public authority to realize a claim under private law by force.
Unlike a judgment procedure that confirms a right, it is a procedure that actually realizes a confirmed right, resolving a dispute in fact and conclusively.
In other words, if the judgment procedure concludes a dispute in theory, the compulsory execution procedure is the stage that follows and conclusively resolves the dispute in practice by realizing the right.
2. Crime of evading compulsory execution | Level of punishment
The crime of evading compulsory execution is punishable under the Criminal Act by imprisonment for up to 3 years or a fine of up to 10 million won.
Criminal Act Article 327
Crime of evading compulsory execution | Imprisonment for up to 3 years or a fine of up to 10 million won |
Sentencing standards
▶ Where there are circumstances especially worthy of consideration regarding the participation in the offense
▶ Where the actual harm was minor
▶ Mental and physical weakness
▶ Voluntary surrender or whistleblowing
▶ The victim's wish not to punish or recovery of damages (including a deposit in court)
▶ Passive participation
▶ Sincere remorse
▶ No record of prior criminal punishment
Frequently occurring cases
▷ Title trust of real estate
This is a case in which a debtor places ownership of their real estate in the name of a family member or acquaintance so that the creditor cannot carry out compulsory execution against it.
▷ Concealment of property
This is a case in which a debtor moves their deposits or claims to another account or assigns them to another person so that the creditor cannot carry out compulsory execution against that property.
▷ Setting up a fictitious debt
This is a case in which a debtor falsely creates a debt that does not actually exist and uses it to obstruct the creditor's compulsory execution.
▷ Fleeing after disposing of property
This is a case in which a debtor hastily disposes of their property and then flees abroad or goes into hiding, making the creditor's compulsory execution difficult.
▷ Concealment of property during the divorce process
This is a case in which a debtor conceals their property to avoid the obligation to divide property or pay child support during the divorce process, obstructing the creditor's exercise of rights.
Levels of punishment seen through related precedents
Daejeon District Court, Judgment of April 14, 2022, 2021 Godan 934
Later, as conflict between the spouses intensified, A decided to divorce and learned that, because the real estate was property jointly acquired during the marriage, compulsory execution measures such as attachment could be carried out against it.
Defendant A therefore explained these circumstances to Defendant B and, after conspiring to fraudulently transfer the property for the purpose of evading compulsory execution, completed the registration of the ownership transfer in Defendant B's name.
In the end, Defendants A and B were found to have conspired to fraudulently transfer the property with the intent to evade compulsory execution, and the crime of evading compulsory execution was established.
3. Crime of evading compulsory execution | If you are a suspect?

If you are facing a charge for the crime of evading compulsory execution, then to defend against punishment you should fully understand the case, secure favorable evidence, and develop a strategy that takes into account the various factors that may arise in the legal procedure.
Where you admit the charges
Where you admit the charge for the crime of evading compulsory execution, then to reduce the punishment it is important to develop a systematic response strategy that takes the following points into account.
▷ Measures to recover the harm (for example, returning part of the concealed property and making efforts to make the victim whole)
▷ Proving that the degree of participation in the offense was minor or that the role was passive
▷ Establishing mitigating circumstances that may be reflected in sentencing, such as social and economic conditions
Where you deny the charges
Where you deny the charges, the key is to prove that the ‘intent’ and ‘false act,’ which are elements of the crime of evading compulsory execution, are absent.
▷Explaining that there was no purpose of evading compulsory execution
▷ Submitting materials proving that it was not a fraudulent transfer or the setting up of a fictitious debt
When Professional Assistance May Be Needed
For the crime of evasion of compulsory execution, it is advisable to secure evidentiary materials systematically from the early stage of the case and to prepare a tailored response strategy.
We also work with an evidence investigation center (a partner organization) to thoroughly analyze asset records and related materials, which supports an effective response from the investigation stage onward.
4. Crime of Evasion of Compulsory Execution | If You Are the Victim?

If you are the victim of the crime of evasion of compulsory execution, you may file a criminal complaint and also claim damages through a civil lawsuit.
Criminal Complaint
You must prove that the debtor concealed assets or falsely transferred them, among other acts, in order to avoid compulsory execution.
Set out the details of the debtor's offense, the harm suffered, and the related evidence in specific terms.
② Cooperation With Investigative Authorities
Respond diligently to the police investigation, provide the necessary materials, and cooperate with the investigation.
Civil Lawsuit
If recovery of your claim has become difficult because of acts of evasion of compulsory execution, you may also take civil measures to restore your rights.
On the ground that the debtor's concealment of assets or false transfer harms the creditor's rights, you may seek a declaration that the juristic act is void or seek its revocation.
② Claim for Damages
You may claim damages for the loss caused by the evasion of compulsory execution.
③ Application for Provisional Attachment and Provisional Injunction
To prevent the debtor from concealing assets or making further dispositions, you may apply for a provisional attachment or a provisional injunction.
When Professional Assistance May Be Needed
The criminal and civil procedures relating to evasion of compulsory execution often involve complex issues, because the circumstances of the asset disposition and the underlying debt relationship are intertwined.
The legal assessment may also change depending on how the flow of funds or the structure of the asset transfer is interpreted, so organizing the materials and setting the direction of the response are important.
Because proof of the transaction history and timing is central, securing evidence and organizing the facts at the early stage are necessary.
Daeryun Law Firm draws on its experience in handling criminal cases to analyze the structure of asset transfers and related issues and to develop a response strategy.
If you are in a situation that calls for an investigation response or other action in connection with the crime of evasion of compulsory execution, please confirm a response strategy suited to your situation through a 🔗criminal attorney legal consultation booking.
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