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(영문) 서울중앙지방법원 2014.08.14 2014고정1932
강제집행면탈
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On March 29, 2011, the Defendant borrowed KRW 28,00,000 from the Defendant’s Hyundai Capital Co., Ltd. to repay the monthly principal and interest of KRW 744,240 each month on equal terms. On March 30, 2011, the Defendant purchased B SP car with the above loan on March 30, 201, and on April 4, 2011, set up a mortgage to secure the above loan in the Defendant’s future.

However, the defendant did not pay the above installment of the loan, and the victim company applied for a voluntary auction to the Seoul Central District Court on July 17, 2013. On July 24, 2013, the Seoul Central District Court decided to commence the auction procedure and deliver the above loan. On July 11:15, 201, the defendant tried to execute the above extradition decision in Yangcheon-gu 25-ro, Yangcheon-gu, Seoul Central District Court, where the execution officer belonging to the Seoul Central District Court had a vehicle kept, but the defendant was driving the vehicle to a place where the above car cannot be identified and concealed it.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Examination table and application for goods;

1. Decision on the auction for motor vehicles, and protocol of impossibility of delivery of motor vehicles;

1. Automobile register;

1. Photographs;

1. Application of Acts and subordinate statutes to investigative reports ( telephone conversations between a complainant and a person in charge of the side of the complainant);

1. Relevant Article 323 of the Criminal Act and Selection of Punishment for the Crime. Article 323 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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