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(영문) 부산지방법원 동부지원 2016.01.18 2015고정1385
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 9, 2014, the Defendant borrowed 7 million won from the creditor loan office located in Busan Shipping Daegu Co., Ltd., and created the right to collateral security against the above passenger car.

1. On November 201, 2014, the Defendant: (a) borrowed 6 million won from D’s office in Busan Suwon-gu C and 607 as a large side business entity; and (b) delivered the said passenger car for the collateral, thereby concealing the said passenger car that became the object of the rights of the victim company.

2. On May 14, 2015, the Defendant committed the crime: (a) borrowed 5.5 million won from the office of the above D around May 14, 2015, from the office of the said D; and (b) delivered the said van under the pretext of the security; (c) concealed the said van, which became the object of the rights of the victim company.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made to E prepared by the police;

1. Application of each of the Acts and subordinate statutes stated in an investigation report prepared by the prosecutor's office (to listen to the statements by reference D phone), an investigation report (Attachment to the register of motor vehicle registration);

1. Relevant Article 323 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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