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(영문) 청주지방법원 충주지원 2013.07.24 2013고정166
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a de facto wife B.

B on May 19, 2012, at the office of the victim D located in Chungcheong City, B borrowed KRW 20 million from the victim on July 18, 2012 (hereinafter “the first loan”). Thereafter, on June 22, 2012, B borrowed KRW 10 million from the victim’s home as of July 21, 2012 (hereinafter “the second loan”). At the victim’s home, B borrowed the victim’s maturity as of July 21, 2012 (hereinafter “the second loan”). At the same time, B transferred the Epis car owned by the Defendant as security for the total amount of KRW 30 million, and the Defendant consented to the said security.

After that, B repaid KRW 8 million out of the borrowed money on October 23, 2012, and the Defendant repaid KRW 2 million out of the borrowed money on October 23, 2012, but the remainder of the borrowed money was not repaid.

Nevertheless, on February 24, 2013, the Defendant used a auxiliary key held at around 01:00 to drive the said car, which was a security for the victim's house.

On February 24, 2013, the Defendant operated the car, which is the object of the victim's security right, and obstructed the victim's exercise of security right.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Protocol of partial police statement concerning B;

1. A complaint;

1. Application of statutes on motor vehicle registration certificates;

1. Article 323 of the Criminal Act applicable to the crime;

1. Selection of a selective fine (Consideration of crimes, etc.);

1. Articles 70 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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