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(영문) 서울북부지방법원 2017.05.18 2017고정559

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On August 29, 2014, the Defendant: (a) purchased B bargaining junits vehicles from the trade unclaimed used cars located in Seongbuk-dong, Sungnam-si; (b) obtained a loan of KRW 9 million from the victim K junits as collateral; and (c) agreed to the monthly payment of KRW 338,613 and the loan period of KRW 36 months; and (d) set up a collateral security right at the maximum amount of KRW 4.5 million on the said vehicle.

Nevertheless, according to the above agreement, the defendant did not comply with the request for return of the above vehicle since he did not pay the six-time installment after paying only the total of KRW 1,357,957, and did not pay the installment thereafter. On March 2015, the defendant provided the above vehicle as collateral and provided it to the bonds company with non-name borrowed KRW 2,50,000,000, and thereby making it impossible to identify the location of the above vehicle, thereby concealing the goods which became the object of another person'

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Complaint;

1. Application of an application for intermediate appeal, registration certificate, and statutes;

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;