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(영문) 부산지방법원 동부지원 2017.05.24 2017고정394

권리행사방해

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

On July 8, 2013, the Defendant was a person without a duty, and the Defendant purchased the franchise B vehicle with a loan of KRW 12,00,000,000 from 36 months from the Social Co., Ltd. that took place by lending KRW 12,00,000,000 to 36 months, and the Defendant established a collateral security of KRW 6 million with the obligee “social Co., Ltd.” on the brand vehicle.

While the Defendant did not pay at all the installment payments after around December 26, 2013, the Defendant transferred B franchises with a mortgage of KRW 6,000,000 in the name of the victim from January 2014 to March 2014, which was subject to a mortgage of KRW 6,00,000 in the name of the victim, to a person who was not in cash, thereby hindering the Defendant’s exercise of rights to realize the mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written statements, the ledger of motor vehicle registration, and statutes;

1. Article 323 of the Criminal Act concerning the crime;

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