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(영문) 수원지방법원 안산지원 2018.07.19 2018고정429

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On April 5, 2016, the Defendant borrowed KRW 4 million from the Seoul Branch located in Ansan-si, the Defendant borrowed KRW 7 million from the Victim Co., Ltd. Co., Ltd., and established a mortgage on the mortgagee Co., Ltd., Ltd., and the bond value 9.1 million to another car owned by the Defendant. However, on May 5, 2016, the Defendant handed over the said car as security by borrowing KRW 4 million from the Seoul Branch located in the Seocho Branch, which was located in the Seocho-gun-gun.

As above, the Defendant: (a) concealed his own property which was the object of the victim’s mortgage; and (b) obstructed the victim’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation and the loan transaction contract attached thereto, contract for creation of collateral security, and 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;