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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant: (a) was a legal manager of the Company B (hereinafter “B”); and (b) and the Victim B and the Victim C agreed to enter the D salary class 3 truck for the transportation of alcoholic beverages, etc. (hereinafter “instant vehicle”); (b) however, the entry contract was terminated as a monetary problem; and (c) there was a dispute as to the relationship between the Defendant and the Victim with respect to the right of the said vehicle.
On October 16, 2018, the Defendant removed the front number plate of the instant vehicle in the name of the victim B in the name of the victim in front of the F in Suwon-gu, Suwon-si, Suwon-si.
In this respect, the defendant damaged the vehicle B, which is the object of possession or right of others, and obstructed the exercise of rights by the victim.
2. Notwithstanding the fact that a registration number plate sealed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport is not detached, except in cases where permission is obtained from the Mayor/Do governor or where special provisions exist in other Acts, the Defendant removed the front registration number plate sealed by using a pen as described in paragraph (1).
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. C’s statement;
1. On-site photographs;
1. Perusal of the register of motor vehicle;
1. A report on internal investigation (verification of field rents, CCTV, etc.);
1. Investigation report (verification of possessory right of DNA vehicles) and the application of each document and related Acts and subordinate statutes attached thereto;
1. Article 323 of the Criminal Act, Article 81 subparagraph 1, and Article 10 (2) of the Automobile Management Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning commercial concurrent crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The main point of the argument is the victim of the instant vehicle.