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(영문) 수원지방법원 안산지원 2017.10.25 2017고정991

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 February 13, 2013, at the defendant's house located in B apartment No. 1 Dong 203, the defendant extended a loan of KRW 24 million from the victim Hyundai Capital Co., Ltd. for the purpose of purchasing vehicles at the defendant's house located in B apartment house No. 203, and agreed to repay the loan by equal repayment of principal and interest for 60 months. On February 14, 2013, the defendant granted a mortgage of KRW 24 million on the bonds owned by the defendant for the victim company for the victim company, but on July 2015, transferred the above vehicle to the bonds company (one name D) and concealed its location.

Accordingly, the defendant concealed the above car which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

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;