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(영문) 의정부지방법원 2019.09.04 2019고단1523

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 April 30, 2016, the Defendant purchased 4.5 tons of a theater fluoral truck in his/her name at a high-speed tea complex located in Gyeyang-si on April 30, 2016, and borrowed KRW 33 million from the Victim C Co., Ltd. in his/her name, and the same year.

5.4.As to the foregoing vehicle, the registration of establishment of mortgage for the mortgagee as the victim was completed at around 16.5 million won in the amount of the secured debt.

On July 2016, the Defendant delivered the said vehicle to D, who would make an installment payment on behalf of the victim without the consent of the victim at a non-permanent area of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and could not know the location of the vehicle, thereby hindering the victim's exercise of rights by concealing the vehicle which was the object of the mortgage of the victim.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation reports (Attachment to the details of counseling, etc.), counseling statements, etc.;

1. The complaint, certified copy or abstract of the motor vehicle register;

1. Investigation report (Submission of Details of Payment of suspect installments), detailed statement of payment, and deposit receipt;

1. In the event that: (a) an investigation report (the monetary content in which the suspect is located); (b) an investigation report (Attachment to the documents requested for public inspection); and (c) all the documents for public inspection (the defendant delivered a vehicle that he/she wishes to make payment in lieu of D; and (d) the vehicle was stolen; and (b) the crime of obstructing another’s exercise of rights is denied. “Harboring” the crime of obstructing another’s exercise of rights under Article 323 of the Criminal Act means either impossible or considerably difficult conditions to detect the location of one’s own goods, etc. which are the object of possession or right; and (d) if there is a concern that the exercise of rights may interfere with the exercise of rights, the crime of obstructing another’s exercise of rights is established and the exercise of rights is not necessary even if the exercise of rights is interfered with (see, e.g., Supreme Court Decisions 2016Do13734, Nov. 10, 2016; 2017Do2230, May 17.

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