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(영문) 의정부지방법원 고양지원 2016.01.15 2015고정1266

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 September 8, 201, the Defendant entered into a contract for installment financing with the victim Ig Capital Co., Ltd., Ltd., and borrowed KRW 24 million as the price for a passenger car in the middle-to-land transaction complex near U.S., Seo-gu, Busan, Seo-gu, Seoyang-si, Seoul, and on September 19, 201, purchased B Igta (HITCHI) excavated vehicle from the machinery Co., Ltd., and on the same day, established a mortgage on the said excavated vehicle with the mortgagee's amount of KRW 24 million.

Nevertheless, on August 2013, the Defendant transferred the above excavated vehicle, which became the object of mortgage, to D for sale and purchase, from Kink KinTex's parking lot located in the Seo-gu Busan Metropolitan City, Seoyang-gu.

Accordingly, the Defendant obstructed the victim's exercise of rights by concealing the above excavated vehicle owned by the Defendant, which is the object of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written application or agreement to be entered into with the issuer;

1. Construction machinery registration ledger;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Article 323 of the Criminal Act applicable to the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.