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(영문) 제주지방법원 2020.10.30 2020고단1495
권리행사방해
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 24, 2018, the Defendant entered into a loan contract of KRW 12,00,000 (payment in 457,665 won each month) with the victim company in order to raise the purchase fund for the Dayman Vehicles in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “victim Company”) at the office of the victim C Co., Ltd. (hereinafter “victim Company”) located in Yeongdeungpo-gu Seoul Metropolitan Government, and established a mortgage over the claim value of KRW 6,00,000 on the said Lone Star Vehicles registered under the name of the Defendant around January 30, 2018.

Nevertheless, the defendant did not pay the above installment, and the above Lone Star vehicle, who received demand calls from the victim company, was likely to be subject to compulsory execution, and the defendant changed the name of the vehicle registration in the name of E, the birth of the defendant around November 22, 2018.

Accordingly, the defendant concealed the above Lone Star vehicle owned by the defendant, which is the object of the victim company's rights.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol against the defendant prepared by the police;

1. Entry in the statement of complaint, supplement and statement in the F;

1. Statement on the written complaint for the preparation of G representative director;

1. Application of each of the Acts and subordinate statutes for perusal of a copy of a motor vehicle registration certificate, a copy or an abstract of the motor vehicle register, and a certified copy or an abridged copy;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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

1. 【The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Provisional Payment Order 【The scope of applicable sentences of law】 Fine of KRW 50,000 or KRW 7 million 【Pronouncement of Sentence】 The defendant did not pay the unpaid amount to G Co., Ltd. which acquired a claim from the victim company, and the defendant did not receive an application from the victim company: The defendant's error is recognized and the victim appears to have been divided.

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