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(영문) 인천지방법원 2017.05.26 2017고정231
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 May 11, 2016, the Defendant received a loan of KRW 4 million from the victim C, and provided DWS car registered under the name of the Defendant as collateral to the victim.

Nevertheless, from around 17:00 of the same month to around 20:50 of the same day, the Defendant discovered and driven the above car parked in the front of the building in Yeonsu-gu Incheon E, Yeonsu-gu, Incheon, with the height of the car at around 20:50 of the same day.

Accordingly, the defendant brought his own property, which is the object of the victim's transfer security right, and interfered with the victim's exercise of the transfer security right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement in F and G preparation;

1. A copy of a vehicle theft report, physical list in receipt of reports on theft of vehicles, loan transaction contracts, etc.;

1. Application of the Acts and subordinate statutes to photographs, traffic information collection camera photographs, photographs of apartment access vehicles, and photographs at the time of discovery of vehicles;

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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