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(영문) 수원지방법원 2014.07.09 2014고정1011

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

On May 14, 2014, the Defendant was sentenced to one year of suspension of the execution of six months by interference with the exercise of rights by the Suwon District Court, and the judgment became final and conclusive on May 22, 2014. On February 20, 2012, the Defendant agreed to obtain a loan of 10,090,000 won to repay the principal and interest of the said car in installments from the victims of the instant car at a rate of 5.9% per annum, and on the same day, a collateral security right of 2.180,000 won was established against the victim company as a collateral security right holder for the said car on the same day.

In addition, on September 27, 2012, the Defendant: (a) purchased an automobile with a close-feab, 730-101, Sami-dong 730-dong 730-10, the Defendant agreed to obtain a loan from the victim company at a rate of 5.9% per annum; and (b) agreed to pay the principal and interest in installments for 36 months; and (c) on the same day, the victim company set up a collateral security interest of 14.2 million won as a collateral security holder for the said automobile.

Nevertheless, on November 2012, the Defendant borrowed KRW 2,50,000 from a lender on the name-free loan around the end of the month and delivered the said two automobiles as collateral, thereby concealing the Defendant’s use of the said automobiles that became the object of the victim’s right in order to prevent the Defendant from confirming the location of the said automobiles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the complaint, motor vehicle register, and application for debate;

1. Article 323 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) 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;