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(영문) 대구지방법원 2018.01.26 2017고정2049

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On October 23, 2013, the Defendant: (a) purchased a 800-dong, Seogu, Daegu-gu, 800-dong, from the middle class selling store to the middle class selling store, and (b) borrowed KRW 20,900,00 from the middle class selling store, for a period of 48 months in which the Defendant would pay KRW 20,90,000 from the middle class selling store in the middle class selling store; (c) borrowed KRW 649,433 in the monthly payment; and (d) as a collateral, around October 25, 2013, the Defendant created a mortgage over the secured bond amount of KRW 20,90,000 in the name of the victim on the said vehicle owned by the Defendant.

On November 2013, the Defendant borrowed KRW 6,00,000 from D, which is operating bond business in the vicinity of Daegu Dong-gu, and delivered the said car as security.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints prepared by E (A) as agent for complaints;

1. Application of Acts and subordinate statutes to the accusation (limited company specialized in EPS No. 1 securitization), review table, application form for modern loan from Hyundai Dol loan, registration certificate, notification of transfer of claims, business registration certificate, peremptory notice to the exercise of right to collateral security, notification of exercise of right to collateral security, and registration of automobiles;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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