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(영문) 인천지방법원 부천지원 2019.03.26 2019고정103
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 September 14, 2015, when the Defendant obtained a loan of KRW 10 million from the victim B Co., Ltd. (36 months) from the non-Dong-si Officetel, the Defendant set up a mortgage on September 15, 2015 to the Defendant’s BMW528i C for the security of the loan.

However, around December 2017, the Defendant concealed the said vehicle owned by the Defendant, which was the object of the mortgage of the victim, and obstructed the exercise of the mortgage by the victim, by taking money from the victim company to repay the debt and to pay the vehicle half due to the loss of the time limit under the contractual terms, such as the registration of seizure of the said vehicle, etc., even if requested by the victim company, at the end of the end of 2017, by offering the said vehicle as security, and failing to repay the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to loan transaction contracts, transaction confirmations, register of automobiles, and written consent to assignment of bonds;

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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