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(영문) 인천지방법원 2018.06.22 2018고정1043

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 9, 2013, the Defendant: (a) obtained a loan of KRW 10,00,000 from 10,000 from the Social Co., Ltd., Korea, the injured party, to pay KRW 416,341 per month on every 36 months; and (b) granted a mortgage on the said car to secure the obligation; (c) on January 10, 2013, the Defendant borrowed money from a non-specified bond business operator at a non-specified place on March 2013 and provided the said car as a collateral; and (d) thereby hindering the victim’s exercise of rights by concealing the goods that became the object of the victim’s rights.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. Application of Acts and subordinate statutes, such as a written statement, asset trade contract, notice of transfer of bonds, a second-hand application form, and an automobile registration ledger;

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;