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(영문) 광주지방법원 2020.11.12 2020고정857
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On November 25, 2016, the Defendant purchased one set of CNAS car in Nam-gu, Gwangju, Gwangju, and took out a loan of KRW 35 million from the victim D Co., Ltd. on the condition that the Defendant would pay KRW 972,302 per month for 48 months. On December 6, 2016, the Defendant set up a collateral security right to the said car with the victim company as the creditor, the Defendant as the debtor, and the obligor with the claim value of KRW 17,50,000.

However, on February 12, 2020, the Defendant decided to deliver the said No.S. car under the pretext of payment in lieu of the existing debt amounting to KRW 40 million borrowed from “limited liability company E,” and for this purpose, issued a certificate of seal impression for sale of vehicle to EF and delivered the said car so that the victim cannot grasp the location of the said car.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A complaint;

1. Application for middle and high-class debate, guidance to lose the term benefit, text of decision of the Gwangju District Court, and register of automobiles which are not transferable;

1. Detailed details of the timely inquiry;

1. Application of the Act and subordinate statutes to investigation report (Access to C Primary Information), investigation report (F telephone conversations), investigation report (C garage visit);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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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