beta
(영문) 청주지방법원 2017.09.28 2017고정416

권리행사방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 4, 2009, the Defendant concluded a loan agreement with the victim Hyundai Capital and borrowed KRW 15 million from the purchase fund of the vehicle, and established a mortgage on the B rocketing car owned by the Defendant at around November 16, 2009 with the maximum amount of claims KRW 7.5 million as the mortgagee.

Nevertheless, the Defendant borrowed KRW 3 million from C at the Cheongju-si, Cheongju-si, and transferred the said car, which is the object of the mortgage, to C and concealed it, thereby hindering the Defendant’s exercise of the right by the mortgagee.

Summary of Evidence

1. Statement by the defendant in court;

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

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;