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(영문) 대구지방법원 포항지원 2017.05.24 2016고단372

권리행사방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On February 20, 2013, the Defendant purchased BM5 car from the trading company of the mutually influent used cars located in a non-displace of the racing city and received a loan of KRW 11,900,000 for the purchase price from the social stock company of the victim's Republic of Korea on March 20, 2013, the Defendant set up a right to collateral security of KRW 5,950,000 as the maximum amount of the claim against the said car as the person with the right to collateral against the above obligation.

On October 2013, the Defendant was unable to repay the above loans normally due to the fact that the Defendant paid only KRW 3,893,716 out of the above loans, and the Defendant delivered the said loans to C without due process of transfer of ownership, thereby making it difficult for the Defendant to detect the location of the said loans.

Accordingly, the defendant concealed his own property, which was the object of another person's right.

Summary of Evidence

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

1. Complaint;

1. A copy of an application for heavy loan, or a copy of a written statement of heavy loan;

1. A copy of an automobile registration certificate and a copy of the automobile registration ledger;

1. A copy of a computerized review list and a copy of a deposit statement;

1. Application of a copy of the notification of transfer of claims;

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

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;