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(영문) 창원지방법원 진주지원 2017.08.10 2017고정223

권리행사방해

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Around September 5, 2014, the Defendant purchased one set of money from the Hyundai Capital Office located as the doctor of Yeongdeungpo-gu Seoul Metropolitan Government (ju) and entered into an installment financing contract of KRW 16,600,000 with the victim (hereinafter “victim Company”). On May 20, 2016, the Defendant acquired all the rights from the said victim under the contract for the transfer of the bonds.

When purchasing one car as above, the Defendant borrowed KRW 16,60,000 from the victim company as the purchase price for the car, and set up a mortgage on the said car as the collateral for the loan amount of KRW 3,320,000 to the victim company as the right holder of the right to collateral for the loan, and the Defendant required money to enter into an international marriage with Vietnam women and the international marriage, the Defendant borrowed KRW 2,00,000 to the borrower on December 201 and delivered the said car as a collateral.

Accordingly, the Defendant concealed the passenger car owned by the Defendant, which was the object of the victim company's right, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. Application of the Acts and subordinate statutes on investigation reports (Attachment of TS details to vehicles owned by a suspect);

1. Article 323 of the Criminal Act concerning the crime;

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;