Crime of evading compulsory execution

For the crime of evading compulsory execution to apply, the following requirements must be met.

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.

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.

▷ 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.

Daejeon District Court, Judgment of April 14, 2022, 2021 Godan 934

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.

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.

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.

You must prove that the debtor concealed assets or falsely transferred them, among other acts, in order to avoid compulsory execution.

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.

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.