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(영문) 대전지방법원 2020.10.28 2020고정767

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On December 18, 2017, the Defendant purchased DNA vehicles from Seosung-gu Daejeon District Office C with a 48-month rate of 48 months, and took out a loan of KRW 30,000,000 from the victim E Co., Ltd., and on December 29, 2017, the Defendant set up a right to collateral security of KRW 15,00,000 on the said passenger vehicle as collateral for the above loan.

The Defendant transferred the said car to F without paying the principal and interest of the victim. On January 8, 2018, the Defendant borrowed KRW 15,000,000 from G from G, and established a right to collateral security of KRW 15,00,000 on the said car as collateral, and transferred the name of H car to H on December 21, 2018.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;