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(영문) 부산지방법원 동부지원 2016.07.13 2016고정377
권리행사방해
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant purchased DB E250 cars from “C” located in Busan Shipping Daegu, Busan, for KRW 69,290,00,00, and the Defendant paid KRW 90,200 out of the price as India, and paid KRW 69,200,000 as the remainder as a loan from the victim A Capital Co., Ltd., and paid the remainder as part of the finance. The Defendant agreed not to transfer, lend, or offer the said car as security until the full repayment of the loan was made, the Defendant paid KRW 1,363,720 per month interest to the victim company and agreed not to transfer, lend, or offer the said car as security. On October 30, 2014, according to the agreement, the Defendant created a mortgage over the said car as a mortgagee to the victim company and as a maximum amount of KRW 13,840,000,000.

Nevertheless, on May 2015, the Defendant concealed the said car which became the object of the mortgage of the victim company by delivering the said car and the documents necessary for ownership transfer to E, the creditor of the Defendant, who paid only KRW 6,879,342 out of the above installment to the victim company in Busan Franman, Busan, the Defendant obstructed the exercise of mortgage by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol to F;

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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