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(영문) 대구지방법원 서부지원 2013.12.11 2013고정1257
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 25, 2010, the Defendant took out a loan of KRW 20 million on May 28, 2010, under an agreement to pay KRW 486,000 in installments each 72-month to the Social Services Korea Co., Ltd. (hereinafter referred to as the “IFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF

Therefore, the defendant should manage the car, which is the mortgaged property, as a good manager until he fully pays the above loan.

Nevertheless, on April 15, 201, the Defendant borrowed KRW 7 million from a lending company C, located in the Dongdong-gu Daegu-dong, Daegu-gu, and offered and delivered a passenger car owned by the Defendant as security, thereby making it impossible for the Defendant to grasp the location of the said car.

As such, the Defendant obstructed the exercise of rights by the social service Korea Co., Ltd. of the victim Alphala by concealing a passenger car which is the object of the victim’s mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of installment financing and loan agreement, a copy of the register of automobiles, and a copy of asset sales contract;

1. Application of the police statement law to D;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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