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(영문) 의정부지방법원 고양지원 2013.08.30 2012고정1310

권리행사방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant borrowed KRW 17,000,000 from the victim Haju Capital Co., Ltd. to repay the principal and interest of KRW 711,470 each month over the period of 36 months, and around July 18, 201, the Defendant set up a collateral security on the said passenger car with the claim value of KRW 17,00,000.

On July 20, 2011, the Defendant: (a) transferred the said car at the D Business Branch of Aju Capital Co., Ltd. located in Gangseo-gu Seoul Metropolitan Government, thereby concealing the Defendant’s goods that became the object of the rights of the victim Aju Capital Co., Ltd.; and (b) interfered with the exercise of rights by the victim.

Summary of Evidence

1. Partial statement of the police suspect examination protocol against the defendant;

1. Statement of the police statement of E;

1. A complaint;

1. Inability to deliver a motor vehicle, an automobile loan agreement, and the register of motor vehicle Acts and subordinate statutes;

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime, selection of fines;

1. Articles 70 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;