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(영문) 대구지방법원 포항지원 2017.05.18 2016고단1158
권리행사방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Around July 31, 2012, the Defendant, a person operating D Co., Ltd. (hereinafter “F”), purchased Cub car in the name of D Co., Ltd. from F Co., Ltd. to L Co., Ltd. (hereinafter “F”), and received a loan of KRW 43,00,000 from the victim Aub Capital Co., Ltd. (hereinafter “Cub Capital”), and agreed to repay the loan in equal installments for 36 months each month, with the amount of KRW 1,79,600 for 1,79,600. On the same day, the Defendant set the victim as a mortgagee on the above Cub car as a collateral for the above loan.

After the Defendant paid a loan of KRW 6,854,065 for a period of four months, the Defendant refused to comply with the request of the injured party for delivery of the automobile, and transferred the said car to the Defendant’s creditor who was not the name of the Defendant around December 2012.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

The defendant 1618 of 2016 is the employer who runs the construction business using 20 full-time workers as the representative director of D, which has its head office on the third floor of H building in the north-gu, Mapo-gu, Mapo-si.

When a worker dies or retires, an employer shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances.

On January 1, 2013, the Defendant did not pay KRW 8,077,200,000 to workers I retired from the said workplace from October 1, 2012 to December 12 of the same year within 14 days from the date of retirement, and did not pay KRW 76,957,200 in total of 30 workers retired from the said workplace within 14 days from the date of each retirement, as stated in the detailed statement of money in arrears in the attached Form.

Summary of Evidence

"2016 Highest 1158"

1. Statement of the defendant in the second public trial records;

1. Statement made by the police to J;

1. The 2016 Height 1618 of the Motor Vehicle Registration Register;

1. Statement of the defendant in the fourth public trial record;

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