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(영문) 서울서부지방법원 2020.08.12 2020고정622

권리행사방해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 27, 2017, the Defendant purchased LV vehicles from Seocheon-si B and C (Change E): 7 million won: annual interest rate: 27.9%; repayment method: 383,860 won on March 24, 2017; and on March 30, 2017, the Defendant entered into a loan agreement with the victim company on the condition of "the mortgagee, the Defendant, the debtor, and the bond value: seven million won."

On April 2017, the Defendant: (a) received KRW 1.4 million from “G” to “G” who was unaware of personal information in a closed area of Bupyeong-gu, Incheon; and (b) concealed a passenger car which is the object of the victim’s right mortgage and interfered with the victim’s exercise of rights by transferring the said car as a collateral.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the protocol of interrogation of the suspect against the defendant (except in the part where the mortgage has been established)

1. A complaint;

1. Application of Acts and subordinate statutes to investigative reports (report related to the creation of a motor vehicle collateral security agreement);

1. Article 323 of the Criminal Act applicable to the crimes;

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;