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(영문) 수원지방법원 안산지원 2018.07.11 2017고단2362

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On June 15, 2016, the Defendant: (a) purchased 873, in the color of Songwon-si's Republic of Korea Agency for the Republic of Korea, the Defendant borrowed KRW 24 million from the victim's "One Capital Co., Ltd." on the condition that "2,4,00,000 won of the loan, 48 months of the loan period, 735,450 won of the monthly payment, and 20.4% of the annual interest rate; and (b) borrowed KRW 24,00,000 of the above passenger car sales price to secure the above loan obligation on June 16, 2016; and (c) established a mortgage on the said passenger car with the creditor's "One Capital Co., Ltd., Ltd., and the bond value 12,000,000 won."

On September 2016, the Defendant, in the vicinity of the Defendant’s residence located in Ansan-si, Ansan-si, the Defendant: (a) provided the victim with a single debt and did not repay the full amount of the debt; (b) provided the said vehicle to a non-name lender as a collateral for transfer; and (c) made it impossible for the victim to know the location of the said vehicle as a collateral; and (d) prevented the Defendant from exercising the mortgage.

Accordingly, the defendant concealed the defendant's car which was the object of another person's right and obstructed the victim's exercise of right to the car.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the medium and large debate applications

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;