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(영문) 부산지방법원 2017.05.25 2016고정4337

권리행사방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On April 29, 2011, the Defendant created a mortgage on the said car in order to secure a loan by borrowing KRW 10 million at the office of the Gangnam-gu Seoul THro 126, the office of the 13th floor victim of the large-scale building, and at the office of the goo Capital Co., Ltd., Ltd., one of the 13th floor victims of the large-scale building B.

Nevertheless, on October 2014, the Defendant: (a) received KRW 200,00 in order to maintain the status of basic recipients in each market, and (b) scrapped the vehicle by requesting an irregular scraping business operator to scrap the vehicle.

Accordingly, the defendant damaged the above car which is the object of the victim's right and interfered with the victim's exercise of right to the security interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the subsidiary financial agreement to be made and the Acts and subordinate statutes of each ledger of automobile registration;

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

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;