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(영문) 대전지방법원 2017.04.20 2017고정73

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On February 1, 2013, the Defendant obtained a loan of KRW 19,000,000 from the victim KF Capital Co., Ltd. (former trade name before the change: Korea Communications Co., Ltd.) on a 19,000,000 from the 791,049, and agreed to pay the amount in installments for 36 months each month at the 19,000,000 won, at the 189-3 office of Korea, which was located in Daejeon Seosung-gu, Daejeon-gu BM 320 automobiles owned by the Defendant, and the Defendant created a mortgage of KRW 9,50,00 of the secured claim amount against the 320 automobiles owned by the Defendant.

However, on April 2015, when the Defendant paid a loan to the victim only three months and did not pay the remainder of the loan, the Defendant was granted a loan of KRW 3,000,000 from a person who was under his/her name on April 2015, and delivered the said car as security to ensure that the damaged person is unable to confirm the location of the car, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of the Acts and subordinate statutes on accusation of ELC Loan Companies;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.