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(영문) 의정부지방법원 2013.03.15 2012고단3221

권리행사방해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 24, 2011, at “C” located on the third floor of Gangseo-gu Seoul Metropolitan Government building B, the Defendant obtained a loan of 13 million won from “C”, the complainant, and purchased the ENEW ENW EF Lasyst, and on April 04, 201, the Defendant created a mortgage against the complainant for the purpose of securing the above loan on the said rocketing vehicle.

Nevertheless, on November 201, 201, the Defendant transferred the said rocketing vehicle owned by the Defendant, which became the object of the complainant’s right, in lieu of the money to be repaid to F in the vicinity of the sports complex located in Sung-nam-dong, Chungcheongnam-gu, Sungnam-dong, Sungnam-gu, Sungnam-dong, and concealed it by means of transfer of ownership on January 9, 201, thereby hindering the exercise of the complainant’s right.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the agreement of intermediate installment financing, the register of automobiles and statutes;

1. Relevant provisions of the Criminal Act and the choice of punishment. Article 323 (Selection of Fine) of the Criminal Act (Appointment of Fine; Consideration of circumstances in which a defendant has made a loan to a victim and made an installment payment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;