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(영문) 수원지방법원 2020.11.20 2020고정607

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) purchased YG vehicles on February 2, 2016; (b) borrowed KRW 22,00,000 from the victim C Co., Ltd. to secure the obligation for the loan; and (c) set up a mortgage on the amount of KRW 11,00,000 with respect to the said vehicle to the victim in order to secure the obligation for the loan; (d) on October 2, 2017, the Defendant provided the said vehicle as a collateral and provided the said vehicle to a third party, thereby making it impossible to identify the location of the said vehicle, thereby hindering the victim’s exercise of the right

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a report on investigation (Attachment to the B Vehicle Register);

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;