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(영문) 창원지방법원 진주지원 2018.05.17 2018고정89

권리행사방해

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant, at the Jinju City, set up a right to collateral security on a passenger car B from the victim Aju Capital Co., Ltd. to grant a loan of KRW 38,400,000,000 from August 20, 2016, the Defendant refused to refund the said car and concealed it, thereby hindering the victim’s legitimate exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (as regards a suspect and a vehicle:

1. Details of the original register of motor vehicle registration, the comprehensive list of motor vehicles;

1. A complaint, a new application form, an abstract, such as the Motor Vehicle Registration Register, mail (Peremptory notice on the exercise of a right to collateral security for motor vehicles), a decision on provisional seizure of real estate, or a loan payment order;

1. A loan statement, the details of receipt of principal and interest on disposable discrimination, and a monetary statement;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to the location of another vehicle for reference);

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

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;