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(영문) 수원지방법원 성남지원 2017.08.23 2017고정801
권리행사방해
Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant obtained a loan of KRW 10,900,000 from a savings bank E.K. on the condition that “10,900,000 per month shall be repaid in equal interest on the principle of 348,760 per month between 48 months,” and on the same day, set up a collateral security of KRW 10,90,000 for the bond value of CK5 car owned by the Defendant as the mortgagee.

Nevertheless, when the Defendant paid a monthly repayment on July 2016 only once, the Defendant borrowed 5 million won from the bond company D to obtain a loan from the bond company D and delivered the said car for the purpose of securing the said car and became unknown where the car is located.

Accordingly, the defendant, which is the object of the victim's right, concealed the car owned by the defendant and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written agreement on loan application and a ledger of automobile registration;

1. Application of Acts and subordinate statutes on loan sources, details of transactions, and details of repayment;

1. Relevant Article 323 of the Criminal Act concerning facts constituting an offense, Article 323 of the choice of punishment, and the choice of a fine [reduction of a fine for a summary order in consideration of the fact that vehicles have been recovered and returned

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;

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