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(영문) 의정부지방법원 2020.01.30 2019고정1577

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

The Defendant purchased the 2013-type B Baer vehicle, and entered into a credit transaction agreement on the security of a vehicle in C, and the victim D is a person who acquired the claim from C under the above agreement.

On January 11, 2017, when the Defendant purchased the above vehicle from C, a company located in E, E, and took out a loan of KRW 7,00,00,00 from C, on January 12, 2017, the Defendant offered and handed over the above vehicle as collateral while receiving the loan of KRW 10,00,000,00 from C, and KRW 274,263 on January 12, 2017. However, during the period of 36 months, the Defendant agreed to pay the principal and interest in 274,263 each month. However, on July 2, 2019, the Defendant received a loan of KRW 3,00,000 from a person who was not registered, and provided it as collateral.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

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

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

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;