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(영문) 서울중앙지방법원 2015.08.13 2015고정2173
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On November 5, 2012, the Defendant obtained a loan of 28,700,000 won from the victim Aju Capital Co., Ltd. in the Dong-gu Seoul Special Metropolitan City agency from the victim Aju Capital Co., Ltd. in the name of E and made a mortgage on the claim value of 5,740,000 as the mortgagee of the victim company.

On December 31, 2013, when the Defendant was unable to repay a loan to the victim company, the Defendant was given a loan of 12,000,000 won from a lender who is unable to know the name at the time of the fixed vessel of Gangwon-do and the location of the loan was unknown by means of delivering the FY car as security.

Accordingly, the defendant concealed the passenger car owned by the defendant, which was the object of the mortgage of the victim company, and obstructed the exercise of the rights of the victim company.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. An application for the register of automobiles and the bill of redemption:

1. Peremptory notice on the exercise of right to collateral security;

1. Application of the Acts and subordinate statutes on the written complaint of a capital company;

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

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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