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(영문) 대구지방법원 2018.11.22 2018고정606

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

The defendant is the owner of BMW 520d passenger cars.

On April 24, 2012, the defendant extended a loan of KRW 37.6 million from the Capital, and provided the above vehicle as security.

After that, on June 16, 2017, U.S. L. L.C. loan (State) was transferred to the complainant, and the vehicle became the object of the complainant's right.

On November 14, 2017, the complainant received a voluntary decision on the auction of the said vehicle from the Daegu District Court and provided information on the return of the vehicle to the Defendant’s domicile by text, telephone communications, and visited the Defendant’s domicile, but the Defendant interfered with the complainant’s exercise of rights by concealing the above vehicle owned by the Defendant, which was the object of the right as the complainant, in the absence of standing.

Summary of Evidence

1. Some statements concerning the suspect of the police officer concerning the person under consideration;

1. Statement made by the police against C;

1. Complaint and materials submitted by complainants;

1. Application of Acts and subordinate statutes to a report on investigation (a copy of a suspect interrogation protocol);

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;