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(영문) 부산지방법원 2017.05.25 2016고정3843
권리행사방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 2, 2016, the Defendant: (a) around 03:15, the Defendant: (b) concealed C low-priced car registered in his/her name, from the victim D on November 6, 2015, by paying KRW 30,800,000 from the used car with the victim, while knowing that he/she was in possession of the vehicle, he/she was towed by FKJM to the victim, without knowledge of the victim.

Accordingly, the Defendant took and concealed the car on the part of others' possession, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, G, H, I, and J;

1. A photograph of the scene of the crime, a photograph of a camera-vehicle inquiry, each motor vehicle registration ledger (in the investigation records, 146, 147 pages), and a photograph by cutting down CCTV images saws, shower, a shower, on the theft of a vehicle;

1. The application of Acts and subordinate statutes, including vehicle photographs, the details of each entry and exit transaction, the stations in which the refund is made, the certificates of vehicle transfer, the details of account transfer, all of the documents related to the submission of E (the page 157 pages of investigation records);

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

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The summary of the Defendant’s assertion is that the Defendant: (a) purchased and sold the vehicle to E without changing the name of the vehicle that he borrowed from the Defendant; (b) sold the vehicle to G and D before the vehicle; and (c) the Defendant is obliged to fully bear the obligation to lend the purchase fund of the vehicle; (d) while the ownership of the said vehicle is faced with the situation where the ownership of the said vehicle is not secured; and (c) took the above vehicle as stated in its reasoning.

Appellant 1 that had occupied the vehicle

D does not permit the possession of the vehicle from the defendant, who is the owner of the above vehicle, and the vehicle in the judgment is not able to move the normal name.

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