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(영문) 청주지방법원 2014.11.13 2014고정809

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 27, 2012, the Defendant purchased Branchising car at a non-place of Daejeon or lower Daejeon, and received a loan of KRW 19.5 million from the victim Ariju Capital, and received a mortgage on the said vehicle purchased under the name of the Defendant as a security, and received a delivery of it to the victim company.

On June 2012, the Defendant did not repay the loans that the Defendant agreed to repay in installments to the victim company with the date of the non-payment on June 2012, and transferred the said vehicle to D by borrowing KRW 5 million from the Cheongju-gu Seoul metropolitan apartment commercial building parking lot where the Defendant was residing.

As a result, the Defendant’s written indictment that is the subject of the victim’s right is the “Flos Loan” of the victim company. However, since the victim’s claim on the instant mortgage of the victim company was transferred to Flos Loan after the date of the crime charged, it is recognized as above.

The defendant concealed the above vehicle of the defendant and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of E preparation;

1. Application of the Acts and subordinate statutes to loan, approval file, copy of the register of automobiles, copy of bond transfer and takeover contract, details of receipt of principal and interest on disposable discrimination, and investigation report (fire F currency in the same attached

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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