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(영문) 광주지방법원 2018.09.13 2018고단1192
강제집행면탈등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the victim C and fathery, and the mother of the victim is divorced.

On June 3, 2018, the Defendant, at around 14:30 on June 14, 2018, tried to visit E, a prior wife residing in Gwangju Mine-gu, 103 Do 1301, but did not open a door, and thereby, damaged the floor by getting off a personal phone equivalent to 120,000 won at the market price, which is the victim's possession located in the present site of the said residential area, on his/her hand, on the ground that he/she did not open a door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The acquittal portion of Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment; and

1. The summary of this part of the facts charged [the point of evasion of compulsory execution (the point of evasion of high order 1192)] Defendant and Victim E married on July 12, 1976, but on December 1, 2014, Gwangju District Court 2014D 3397, concluded conciliation in the conciliation procedure of the case, such as divorce, and became divorced.

In the above conciliation between the Defendant and the victim, the Defendant (the Defendant) sold the Plaintiff (the victim) a F field of 2,400 square meters in Gwangju Mine-gu by December 31, 2014 (hereinafter “the instant land”) to a third party and paid the purchase price to the Plaintiff by December 31, 2014.

If the defendant fails to perform this, the defendant shall implement the registration procedure for the transfer of ownership for the land of this case by January 1, 2016 to the plaintiff by dividing the land of this case into the property on the date on which the above mediation is concluded.

“The provisions of coordination are included in “.........”

After the conclusion of the above conciliation, the Defendant sold the instant land to I and J for KRW 1,540,00,000 in the H located in Seo-gu, Gwangju on November 23, 2015. On December 15, 2015, the Defendant registered the transfer of ownership on December 15, 2015, and between November 23, 2015 and December 15, 2015, the victim of the said sale proceeds from I and J.

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