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(영문) 대구지방법원 2016.06.10 2016고정441

권리행사방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant borrowed KRW 16,00,000 from a non-Korean Capital Co., Ltd. for the purchase of DYF rocketing car in Daegu-gu, Seo-gu, 2013, and set up a mortgage on the said car as security on the 10th of the same month for the mortgagee, claim value of 9,600,000.

On November 2014, the Defendant borrowed KRW 5,00,000 from an influent bond business operator in the Daegu Suwon-gu, Daegu-gu, Seoul-do, to the extent that it is not possible to pay the above loan due to economic difficulties, and offered and deliver the said car as collateral, thereby making it considerably difficult to find the location of the said car.

Accordingly, the defendant concealed his own property, which was the object of the victim's mortgage, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Written complaint of a non-us capital company;

1. Application of Acts and subordinate statutes concerning installment financing and misleading agreements on motor vehicle registration, and the ledger of motor vehicle registration;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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;