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(영문) 광주지방법원 2020.04.29 2019고정1173

권리행사방해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Upon B’s request on April 19, 2017, the Defendant is the owner of a vehicle who registered Crane car in the name of the Defendant, and the victim D is a person who occupies and operates the vehicle as collateral for the claim of KRW 7 million.

Around March 7, 2018, the Defendant came to take part in the coffee shop near the Seo-gu, Seo-gu, Gwangju, while communicating the victim as an issue of delivery of the above vehicle.

On March 8, 2018, the defendant used the vehicle towing the victim's parking at the front parking lot of the above E Center Art Gallery at around 07:30 on March 8, 2018, and towed it to the F in Gwangju North-gu.

As a result, the defendant taken his own property which is the object of the possession of others and obstructed the exercise of rights by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the register of automobiles statutes

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

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouses are as follows: (a) around April 19, 2017, the Defendant had B borrow the instant vehicle under the name of the Defendant and let B purchase the instant vehicle; and (b) B purchased the instant vehicle, and distributed it to the substitute vehicle.

The instant vehicle was issued an order to suspend operation at the Defendant’s request on July 10, 2017, and the Defendant and the victim of the living site also lent money to the G of the living site and occupied the instant vehicle as collateral, and the Defendant would deliver the vehicle to the Defendant if he/she fully performs his/her obligation equivalent to KRW 7 million.

(Additionally, the victim had documents, such as a vehicle waiver note, in the name of the defendant, claiming that the victim was forged. In light of these facts, the defendant is at the time whether the victim has a legitimate possessory right against the instant vehicle.