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(영문) 서울서부지방법원 2018.06.01 2018고단245

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On July 9, 2015, the Defendant provided 1,00,000 won of the bonds as collateral at the 2nd floor of the building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, as the second floor, the victims of the 2nd floor building as the Defendant’s name, and entered into a contract with the victim to pay the installments for 60 months in the monthly free repayment method, and borrowed KRW 10,000,000 from the victim company.

On January 10, 2017, when the Defendant was notified by the injured party of his/her intention to transfer a vehicle which was the object of mortgage to the injured party, the Defendant, despite having to deliver the said vehicle to the injured party, provided that the said vehicle should be operated by the injured party, and concealed the said vehicle which was the object of another person’s right by avoiding contact with the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. An application for loan;

1. Content certification;

1. Application of Acts and subordinate statutes of the Registered Register;

1. Relevant Article 323 of the Criminal Act concerning a crime. Article 323 (Selection of Penalty)

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;