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(영문) 대구지방법원 포항지원 2017.07.19 2017고정226

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 January 4, 2013, the Defendant agreed to borrow KRW 15 million from the Plaintiff Hyundai Capital Co., Ltd. (APS Co., Ltd. (APS Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., on May 23, 2016) to repay for 36 months after receiving a loan of KRW 15 million from the victim, and on January 15, 2013, the victim set up a collateral security right of KRW 15 million at the value of the claim on the above vehicle.

After that, on January 2014, the Defendant loaned KRW 5 million to a person who was named in the name of the non-resident to the non-resident and provided the above vehicle as security and delivered the vehicle to the victim so that the victim may not discover the vehicle, thereby hindering the victim from exercising the right to collateral security.

Accordingly, the defendant concealed the first car owned by the defendant, which was the object of the victim's rights.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Complaint;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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;