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(영문) 인천지방법원 2014.01.23 2013고정4642

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 16, 2007, the Defendant purchased BM5 (20,716,000 won) vehicles in the name of the Defendant at the Manosung Motor Vehicle Sales Store located in Shincheon-dong, Sincheon-dong, and received a loan of KRW 20 million from the victim AM Co., Ltd., Ltd., and set up a collateral security of KRW 20 million as security.

The Defendant had a duty to transfer a vehicle provided as security to the victim if he/she is unable to repay the loan, while faithfully keeping and managing the goods provided as security until the loan is repaid.

However, on August 2012, 2012, the Defendant provided D with the said vehicle as collateral without the consent of the victim, at the office of the vehicle loan company located in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, as collateral for the victim, and obstructed the exercise of rights against the said vehicle, which was the object of the victim’s right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to loan application form, vehicle register, debtor ledger, asset sales contract form, loan certificate, vehicle performance angle, and vehicle renunciation note;

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 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;