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(영문) 인천지방법원 부천지원 2016.05.27 2016고정564
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The Defendant: (a) at the time of purchasing B B B B 2 vehicles on May 18, 201, but, on the condition that 10 million won shall be redeemed in installments from May 18, 201 to May 21, 2014, the Defendant obtained a loan from the Capital Capital Co., Ltd. on the condition that 36 months be redeemed in installments; (b) the Defendant created a mortgage on the said vehicle; (c) but (d) the Defendant repaid the loans of KRW 4,561,660 from June 22, 201 to September 12, 2014, and subsequently, (e) was unable to repay the remainder of the loans, the Defendant was willing to conceal the said vehicle on the condition that the Defendant would recover the said vehicle from the loan of LLT 300 asset management.

On October 2014, the Defendant obstructed the exercise of mortgage by the victim company by allowing the victim company to move the vehicle to C, who is the birth of the defendant, in a non-place where the vehicle is located, so that the victim company cannot grasp the location of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of a contract for acquisition of assets, an installment financing agreement, a debtor's president, details of deposits, and Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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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