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(영문) 대구지방법원 김천지원 2015.08.26 2015고정181

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 25, 2011, the Defendant: (a) purchased one automobile from a party to a branch of Seongbuk-gu, Sungnam-si; (b) decided to pay the principal and interest of KRW 373,560 per month from Aju Capital Co., Ltd., the injured party, in installments for 48 months; (c) borrowed KRW 15,60,000 from the purchase fund of the automobile; and (d) on May 30, 201, the Defendant completed the registration of the establishment of a mortgage on the said car with the claim amount of KRW 15,60,000,000,000 from the victim as a collateral security.

Around June 2012, the Defendant was expected to exercise a mortgage on the said car because it was impossible for the Defendant to pay the principal and interest in the future due to the lack of income due to the decline of the company. On September 2012, 2012, the Defendant borrowed KRW 4 million from a lending company with no trade name known and issued all keys and related documents for the said car.

Ultimately, the Defendant concealed his own property, which is the subject of the victim’s right, and obstructed the victim’s exercise of right.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the register of automobiles, written agreement of automobile loans, and details of receipt of principal and interest for disposable discrimination;

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

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;