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(영문) 서울남부지방법원 2017.04.19 2016고정2875

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

around November 2015, the Defendant received KRW 7,200,000 from the BYF rocketing car registered under his own name and sold it to the victim C. However, the Defendant did not resolve KRW 17,000,000 established on the said vehicle and did not cause the registration of transfer.

The Defendant, around 15:00 on July 14, 2016, at the first floor parking lot located in the Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 470, would make a mortgage created on the said vehicle to the victim and make a transfer registration.

After the accident, the victim made the key by making use of the cresh in which the victim was locked, made the key to the boom, and operated the vehicle by putting it into the key, thereby interfering with the victim's exercise of rights by taking the vehicle owned by the defendant, which was the object of the victim's possession.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. A motor vehicle transfer certificate;

1. Application of statutes on a copy of motor vehicle registration certificate;

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

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;