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(영문) 수원지방법원 안산지원 2015.09.03 2015고정713
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 2, 2013, the Defendant purchased B LA vehicle at the Gangseo-gu Seoul Metropolitan Government Office for the Co., Ltd., Ltd., and took out a loan of KRW 12 million from the victim Efa deposit bank under the terms of equal installment repayment with interest and interest for 36 months from the victim Efa deposit bank, and on July 4, 2013, the Defendant set the victim as a collateral to the said vehicle as a collateral with the maximum debt amount of KRW 12 million as a mortgagee.

Therefore, the Defendant, as seen above, borrowed KRW 3 million from the borrower and provided possession as security around November 9, 2014, even though he/she had well kept the said vehicle which became the object of the mortgage.

As above, the Defendant concealed the said vehicle so that the location of the victim’s right can not be confirmed, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to filing a complaint, written agreement on loan (application), motor vehicle register, president of a general loan loan, deposit inquiry, repayment inquiry, receipt/revenue certificate (No. 13) and written statements;

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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