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(영문) 수원지방법원 성남지원 2019.09.25 2019고정629
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 21, 2012, the Defendant purchased B car cars at a place not known to the Defendant, and took out a loan of KRW 9,500,000 from the victim C Co., Ltd. in a monthly equal payment method for the principal and interest for 36 months, and on the same day, set up a mortgage in the name of the victim with the claim amounting to KRW 9,50,000 on the same day.

Nevertheless, the Defendant borrowed 2 million won from a person who is not aware of his name in a place where it is unknown on November 2012, and made it difficult for the Defendant to exercise the mortgage by making his/her location unknown by taking over the said vehicle as a collateral.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint;

1. Application of a certified copy or abridged copy of the register of automobiles;

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime, selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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