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(영문) 서울북부지방법원 2019.07.10 2019고정775

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 April 10, 2018, the Defendant purchased B G4ex 2.2 vehicle in the name of the Defendant, and took out a loan from the victim C Co., Ltd to pay the purchase price in installments, and on April 16, 2018, set up a mortgage on the said vehicle as security at KRW 19.6 million with the mortgagee’s victim and the claim value.

Since August 2018, the Defendant had the possibility that the said vehicle would be recovered from the victim because of the failure to pay installments from August 2018, and provided the said vehicle as security by borrowing KRW 5 million from D around December 2018.

Accordingly, the defendant concealed his own property which was the object of the right and interfered with the victim's exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Investigation report (to hear statements made D) (for reference;

1. Application of statutes, such as the register of automobiles;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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;