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(영문) 서울중앙지방법원 2017.06.14 2017고정723

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On January 29, 2015, the Defendant, as Gangnam-gu Seoul, purchased 308 Grandmark 15 stories KB Doz vehicles from the point of Gangnam-gu, Gangnam-gu, Seoul, in 2009, at the 15th floor KB Doz vehicles, and completed a written agreement with the victim KB Capital in the manner of equal redemption for 36 months each month on condition of the establishment of a car mortgage, and received a loan of KRW 36 million.

When a monthly loan is overdue at the time of concluding a loan contract, the defendant immediately sold mortgaged objects or concealed a motor vehicle which is the object of the right under the condition that he/she was unable to repay the loan for 15 months, even though the victim voluntarily collected and managed the contract to establish a contract to establish a mortgage on the lease of a motor vehicle.

Accordingly, the defendant concealed his own property, which is the object of the victim's right, and obstructed the exercise of the victim's right to exercise the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaint;

1. Application of the police statement protocol law to C

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Penalty Penalty)

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;