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(영문) 서울중앙지방법원 2014.02.13 2014고정38

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on May 16, 2013, and the said judgment became final and conclusive on September 24, 2013.

On January 20, 201, the Defendant purchased BMW528i vehicles at the point of Hyundai Capital, the Defendant established a right to collateral security (right to collateral security), the person who created the right to collateral security (right to collateral security), the Defendant’s right to collateral security (right to collateral security (right to collateral security), and the right to collateral security (right to collateral security), and the right to collateral security (right to collateral security (right to collateral security) with the amount of KRW 42 million) in order to secure the loan.

On November 201, the Defendant took out a loan of KRW 15 million from the office of the lending company located in Gangnam-gu Seoul Building 907, Seoul, and offered the above B vehicle as security and did not recover it, making it difficult to discover the location of the above vehicle.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including a substitute part for E);

1. Statement made by the police against F, and accusation;

1. Previous records of judgment: Criminal records, case search and application of statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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;