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(영문) 대구지방법원 2017.09.15 2017고정1328

권리행사방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant: (a) purchased CM5 car at the office of the building site in Daegu (State) Dongyang-gu; (b) agreed to borrow KRW 9 million from Korea Social Co., Ltd. to repay the said car equally in KRW 334,013 each month, subject to the establishment of mortgage on the said car.

However, on September 7, 2016, the Defendant concealed the Defendant’s demand for delivery of the said car in a way that the Defendant did not return the said car to the Defendant, even though the Defendant acquired the Defendant’s loan claims from the social Co., Ltd. that took place against the Defendant on the ground of the repayment of the loan.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A supplementary statement to file complaints prepared in D;

1. The accusation (ELC Loan Co., Ltd.), a written agreement on asset trade, a certificate of transfer, a certificate of entire matters to be registered, a computer review table, a medium and large-scale application form, a medium and large-scale application form, a medium-sized/small-sized agreement. A motor vehicle registration certificate, a motor vehicle registration ledger, an order for delivery of a motor vehicle, a certification of details,

1. Investigation report (Attachment of a photograph of SSM5 C), application of Acts and subordinate statutes on vehicle photographs;

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;