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(영문) 대구지방법원 김천지원 2016.10.25 2016고정494
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 9, 201, the Defendant: (a) purchased D 2006 USF vehicle from “C” located in Daegu Dong-gu, Daegu-gu, 2001; (b) obtained a loan of KRW 21,00,000 from the victim Alpha-Sari Social Services Korea Co., Ltd.; and (c) agreed to make monthly payments for 36 months until September 14, 2014; and (d) set up a mortgage on the said vehicle as a collateral for the loan on the same day with the victim’s maximum debt amount of KRW 21,00,000.

Nevertheless, around 14:00 on September 10, 201, the Defendant, at the above “C” around September 14, 201, obtained a loan of KRW 20 million from a person who was unaware of his name, and handed over the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A police investigation report (for the correction of the date of concluding a loan contract with a senior director);

1. Application of Acts and subordinate statutes, such as the complaint, ledger of debtor, register of automobiles and written agreement;

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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