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(영문) 부산지방법원 2018.01.24 2017고정2311

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of the CM7 passenger car volume.

On August 23, 2011, the Defendant borrowed 16 million won from the office of the used cars trading complex located in the Busan East-gu, Busan, as the above used cars purchase fund, from the loan amount of 16 million won, 36 months of loan period, 27.9% of loan interest rate, and 27.9% of the loan interest rate, and provided the above vehicle as security for the loan to capital in favor of the Defendant.

The defendant knew that the mortgage of the above vehicle was established, and the two months of the purchase of the vehicle, thereby obstructing the exercise of the right to mortgage by voluntarily disposing of it to the needy person in October of the same year after the purchase of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes, such as a written agreement to be entered into with the issuer, and a motor vehicle registration ledger (A);

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;