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(영문) 대구지방법원 포항지원 2017.12.13 2017고정465

권리행사방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 2, 2016, the Defendant provided a loan of KRW 15.6 million from the Non-Korean Capital Co., Ltd. on May 2, 2016, and provided a collateral to the victim’s name, and transferred the BM5 vehicle owned by the Defendant with a mortgage equivalent to KRW 7.8 million in the value of the claim under the name of the victim without the consent of the victim.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of notice for loss of deadline;

1. Relevant legal provisions concerning criminal facts, Article 323 of the Criminal Act selection of punishment, and selection of fines (including the fact that an agreement is made with the victim and the primary fact that the agreement is made with the victim);

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;