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(영문) 수원지방법원 성남지원 2020.02.14 2019고정1035

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 June 28, 2016, the Defendant borrowed 49,990,000 won from the victim E Co., Ltd. to repay in installments the amount of KRW 1,505,279 on a loan period of 48 months, month, 1,505, and 279, and around June 30, 2016, around June 30, the Defendant established a mortgage on the claim value of the said E CoCo car as KRW 9,98,00, the mortgagee as the victim E Co., Ltd., the debtor and the mortgagee as the Defendant.

On September 28, 2016, the Defendant borrowed KRW 4,000,00 from a credit service provider under his/her name in his/her name in front of the Seocheon-si, Seocheon-si, and delivered the said Aub-si car to the said credit service provider as collateral and made it unclear where the location of the car was located.

Accordingly, the defendant concealed the passenger car which is the object of the victim company's rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Each report on investigation;

1. Application of an asset transfer agreement, notice of assignment of claims, content certification, loan contract, certificate of vehicle takeover, and Acts and subordinate statutes on account statements;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;