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(영문) 인천지방법원 2016.05.20 2016고정719

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant: (a) obtained a loan of KRW 13 million from SM5 B used car purchase funds at the Gan Dog Dog-dong Office for the victim Pudong-dong 541-2, the Defendant agreed to repay KRW 537,000 per annum to 27.9% per annum for each 36 months to 36 months; (b) set up a collateral security interest of KRW 13 million in the name of the victim on the said car; and (c) paid 2 months by installments, on August 27, 2011, the Defendant provided the above vehicle as a collateral to the bond business operator whose personal information cannot be known at the non-office of the trade name in the Nam-gu, Nam-gu, Incheon Metropolitan City. < Amended by Act No. 11010, Aug. 27, 2011>

Accordingly, the defendant concealed the above automobile which was the object of the right to collateral security of the victim and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

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