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(영문) 서울서부지방법원 2016.11.17 2016고정1294
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 28, 2013, the defendant purchased the CNFna car from the B office located in Gwangjin-gu around August 28, 2013, and the Korea Social Co., Ltd. has taken over the KB Capital.

The purpose of this study is to set up a right to collateral security of KRW 4.75 million in the name of the company and to provide a right to collateral security of KRW 4.7 million in the name of the company until the full payment of the installment loan is made in the name of the company.

Nevertheless, around 2014, the Defendant borrowed money from a person without his name, and opened the said car as a collateral. On May 30, 2014, the Defendant rejected the Defendant’s request from the victim PelC Loan Co., Ltd. to inform him of the whereabouts of the said car in order to enforce the right to collateral.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the right to collateral security of the victim, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of a contract of asset sales, notice of assignment of claims, details of deposits, contract, register of automobiles, and statutes certifying contents;

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;

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