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(영문) 서울동부지방법원 2019.03.29 2019고정39
권리행사방해
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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the corporation B.

On January 3, 2013, the Defendant purchased the franchise (C) vehicle under the name of B Co., Ltd., and borrowed KRW 24,700,000 from the victim D Co., Ltd. and created a mortgage on the franchise vehicle around January 4, 2013.

Nevertheless, the defendant, at early 2015, concealed his own goods which became the object of another person's rights by transferring a passenger car to a person with poor name in Songpa-gu Seoul Metropolitan Government E.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning F;

1. Written complaint, statement filling the complaint and statement;

1. Examination table (including an application form for automobile installment);

1. The register of automobiles (under the record, the Defendant disposed of the instant vehicle registered in the name of the Company B, which is evaluated as a representative body of the Company. In this case, the object of the Company also constitutes one’s own object of obstruction of exercise of rights. See Supreme Court Decision 91Do170 delivered on January 21, 1992.)

1. Application of Acts and subordinate statutes to report on investigation by prosecutors (in relation to vehicle possession and confirmation of complainants' will);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant, after the prosecution of this case, delivers the instant vehicle to the Songpa-gu Office after the prosecution of this case, and is currently undergoing the public auction procedure, shall be determined as ordered by taking into account the sentencing conditions shown in the

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