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(영문) 대구지방법원 상주지원 2019.06.18 2019고정23
강제집행면탈
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant offered a loan of KRW 14,000,000 to the victim C with the passenger car volume owned by the Defendant as security at a non-permanent place.

From April 10, 2018, the Defendant agreed to pay 14 million won at a 34.80% interest rate per annum for 36 months from April 10, 2018.

However, after payment by September 20, 2017, the Defendant did not pay interest and principal, so the Defendant was in arrears with KRW 14,619,528.

In order to escape from compulsory execution, it may not cause damage to the creditor by concealing or destroying any property, making a false transfer or bearing a false obligation.

On December 7, 2017, the Defendant, while recognizing the fact that compulsory execution according to the application for voluntary auction would proceed without paying vehicle delivery and interest after receiving a complaint from the complainant due to the interference with the exercise of rights by the complainant, was conducted. However, on July 2018, the Defendant concealed BK three vehicles for the purpose of evading compulsory execution.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 327 of the Criminal Act concerning the crime. Article 327 (Crimes of Evasion of Compulsory Execution)

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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