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(영문) 대전지방법원 2017.04.14 2015고단4103

권리행사방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 6, 2015, the Defendant borrowed KRW 22,00,000 from D in front of the Busan Shipping Daegu Building, around January 2015, and delivered the EA6 car owned by the Defendant as collateral to D, G, and H, and even though the Victim F occupied the said EA6 car with delivery via D, G, and H, the Defendant was driving the car at the time of A6 car without the victim’s permission by using the key to the spare vehicle in possession.

As a result, the defendant taken his own property, which is the possession of the victim, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes to entries in the motor vehicle registration ledger;

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. On the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, the mortgage was established on the 3,4930,000 won for the pet and the pet and the pet and the c,4930,000 won amount of the claim was committed during the period of the victim’s unregistered vehicle operation, and the repeated crime of