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(영문) 부산지방법원 2016.10.27 2016고정2723

권리행사방해

Text

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

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

Reasons

Punishment of the crime

Around May 31, 2013, the Defendant purchased one set of CMF5 car at the future place of business located in the Gangseo-gu, Busan Metropolitan City, and entered into a loan agreement with the victim Aju Capital Co., Ltd., Ltd., with a loan amount of KRW 17 million, annual interest rate of KRW 5.9%, annual interest rate of KRW 36, and set up a collateral security under the victim’s name with respect to the said vehicle.

The Defendant paid KRW 1,744,079 by November 20, 2013, and did not pay the remainder of the installments, and around December 2013, the Defendant borrowed KRW 6 million from the “E”, a loan company located in Busan Jin-gu, Busan, and the Defendant could not know the location of the vehicle by transferring the vehicle as security.

In this respect, the Defendant concealed the object which is the object of the mortgage, which is the victim's right, and interfered with the exercise of the right.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to applications for a written statement to be entered into by the issuer, a written agreement to be entered into by the issuer, and a detailed statement of loans;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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;