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(영문) 서울남부지방법원 2015.10.26 2015고정1953

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

around January 7, 2013, the Defendant: (a) purchased the Victim’s Republic of Korea car in the Seoul Central Central District of 173 (Yeongro 3, Kudong Building 6th floor) from the Victim’s Republic of Korea office in the Seoul Central Central District of Seoul Central District of 2009, and (b) borrowed KRW 18.2 million from the Victim Company; and (c) borrowed from the Victim Company in the same month.

8. As a security for the above obligation, a mortgage was created on the claim amounting to KRW 18.2 million against the victim company as the mortgagee for the said obligation.

However, on January 16, 2013, the Defendant: (a) transferred a vehicle to C on May 11, 2013; and (b) on January 16, 2013, the whereabouts of the said vehicle is unknown.

As above, the Defendant concealed the vehicle owned by the Defendant, which was the object of the victim’s company’s rights, so that the location of the vehicle owned by the Defendant could not be confirmed, thereby hindering the victim

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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 (1) 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;