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(영문) 청주지방법원 2017.11.28 2017고단1115

권리행사방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant obtained a loan of KRW 19 million from the Victim D Co., Ltd. in the name of the Defendant, the Defendant agreed to make a change between 57,132 won each month and 48 months each month. On the 16th of the same month, the Defendant created a mortgage on the ENAS car with the obligor and mortgagee D, the mortgagee as the damaged company, and the bond value of KRW 9,500,000.

After that, the Defendant paid 3,459,311 won in six installments, and paid the installment from January 20, 2016, the Defendant borrowed 8 million won from credit service providers, whose name cannot be known at the mutual convenience store located in the Yeongdeungpo-gu Seoul Special Metropolitan City, Chungcheongnam-gu on October 2016, and transferred the said car as security.

Accordingly, the defendant concealed the above car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of the motor vehicle registration ledger, or a copy of the application for discussion;

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.