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(영문) 인천지방법원 2017.04.14 2016고정2588
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 July 28, 2014, the Defendant: (a) purchased a loan of KRW 10,000,000 from the Victim KB Capital Co., Ltd. with a loan from the victim KB Capital Co., Ltd. on the condition of equal payment of principal and interest for 36 months; and (b) established a mortgage of KRW 5,00,000, the value of the loan was 50%; (c) the Defendant requested the victim to return the vehicle until January 28, 2016 due to delayed payment for at least nine months; (d) however, the Defendant transferred the vehicle to another person to interfere with the exercise of the right to exercise the mortgage.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Complaint;

1. Application of mid-to long-term and/or large applications, registers of motor vehicles, registers of motor vehicles, statutes of the motor vehicle registration certificate;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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