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(영문) 수원지방법원 2017.01.18 2016고정2980
권리행사방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who works as a taxi engineer.

On January 25, 2013, the Defendant: (a) collected the victim Co., Ltd. at the gas station C located in Sungsung-si, B, and obtained a loan from the savings bank as security for the Dives vehicle owned by the Defendant; (b) entered into a contract to pay KRW 10 million monthly to the said damaged company for 36 months; and (c) set up a mortgage on KRW 13 million on the said vehicle.

Since then, even if the Defendant received a request from the victimized Company for return of the said vehicle, which was the object of the right of the victimized Company, due to the failure to pay the installment amount, the Defendant borrowed 4 million won from the person who was not injured on June 2014, and concealed the said vehicle by providing it as a security, thereby hindering the exercise of the right of the victimized Company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as written contract for creation of mortgage on automobiles;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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