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(영문) 대구지방법원 김천지원 2016.01.29 2015고정733

권리행사방해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 11, 2011, the Defendant, at the office of the head office of the Gath Capital Co., Ltd., a victim of the 126th floor of the 13th floor of the Gathy building in Gangnam-gu Seoul, Gangnam-ro 126, Seoul, Seoul, taking out a loan of 7.6 million won from the Gathy Co., Ltd. to purchase B B car cars, and, on the same day, set up a mortgage on the above passenger cars with the bond value of 7.6 million won, and the mortgagee as the victim.

Nevertheless, on November 7, 2014, the Defendant: (a) requested the said industrial employee D to scrap the said vehicle; and (b) delivered the said vehicle to the said industrial employee D; and (c) caused the said vehicle to be scrapped on or around July 7, 2015, thereby hindering the victim’s exercise of rights by destroying the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (F Telephone Investigation) / Investigation report (C Personnel G Investigation);

1. Application of Acts and subordinate statutes to letter of an installment financing agreement, the ledger of debtors, the ledger of motor vehicle registration, the details of deposits, and the certificate of acceptance of motor vehicle;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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;