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(영문) 대구지방법원 포항지원 2016.07.15 2016고정203

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2014, the Defendant was granted a loan of KRW 10 million from the Victim Co., Ltd. Co., Ltd. to KRW 34.9% per annum, and the Defendant established a mortgage of KRW 15 million for the maximum amount of the claim as security, and transferred it at will to the Defendant’s own name and the name of the Co., Ltd. to the Co., Ltd. operator of the pawned Co., Ltd. at KRW 4 million.

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. Statement made by the police against C;

1. A copy of a loan agreement or a contract for establishing a right to collateral security for automobiles;

1. Application of Acts and subordinate statutes to the Motor Vehicle Registration Register;

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

1. Articles 70 and 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;