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(영문) 대구지방법원 2015.10.14 2015고정1979

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On November 28, 2013, the Defendant purchased BMW car in the name of the wife C, and received a loan of KRW 35 million from the Victim Dog Capital Co., Ltd. (former Korea Communications Co., Ltd.), and the victimized Company established a collateral security right of KRW 17.5 million on the said vehicle.

Nevertheless, on June 2014, the Defendant provided the said vehicle as collateral to a lender who is unable to know his/her name without the consent of the victimized company, a collateral security, at the office of “D” located in Seo-gu, Daegu, 2014, to obtain a loan of KRW 12 million.

Accordingly, the defendant concealed the above vehicle which is the object of the rights of the damaged company and obstructed the exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. E statements;

1. A complaint;

1. An application for the second installment plan;

1.The application of the register of motor vehicles (A), (B) laws and regulations;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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;