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(영문) 광주지방법원 2019.10.17 2019고정575

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 4, 2015, the Defendant borrowed KRW 27,400,00 in the office of the Co., Ltd. located in Jingu in Busan, and set up a collateral security of KRW 19,180,000 on the said vehicle. However, around April 7, 2016, the owner of the said vehicle changed the said vehicle into an E-Association corporation. On October 16, 2018, the Defendant refused to return the vehicle by not notifying the location of the vehicle and by refusing to return the vehicle, even though the Defendant was required to return the vehicle, along with the notice of assignment of the vehicle from the victim F Co., Ltd. taking over the aforementioned collateral security, etc., and by refusing to return the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of D vehicle registration data);

1. Investigation report (the head of the F company G office and telephone call);

1. Investigation report (in cases of investigation into the whereabouts of the E-Union corporation owned at the D present);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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