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(영문) 서울북부지방법원 2016.01.20 2015고정2749

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On May 21, 2014, the Defendant purchased one motor vehicle for DN Spanish in DN Spanish-si B, and agreed to receive KRW 16,00,000 from the injured (victim) Hyundai Capital, and to pay KRW 1,023,946 each month between 18 months, and on May 23, 2014, set up a mortgage on KRW 16,000,000 on the said motor vehicle as security.

Nevertheless, on March 2015, the Defendant: (a) borrowed the foregoing vehicle, which became the object of the mortgage, from the name-free bond company to the non-registered bond company in the name of the foregoing vehicle; and (b) concealed the vehicle’s location to be transferred as security; and (c) obstructed the Defendant’s exercise of rights.

Summary of Evidence

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

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the Hyundai Capital, a written application for a heavy loan, and a notice of guidance on the loss of time limit;

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;