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(영문) 인천지방법원 2017.01.12 2016고정3298
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 27, 2015, the Defendant borrowed KRW 12 million on the condition that the principal and interest shall be repaid in installments for two years after a one-year grace period between the victim Liber Co., Ltd. and the victim Co., Ltd. at a closed place, and offered a mortgage on the BAD car registered in the name of the Defendant as security to the victim company.

When the defendant did not pay the payment of the installment price of the above vehicle and experienced economic difficulties such as receiving demands from the victim company, the defendant company decided to obtain the above vehicle as a collateral, and on October 2015, the defendant borrowed 3.5 million won from the name-free bond company without obtaining the consent of the victim company at the name-free place, and delivered the above vehicle as collateral so that the victim company could not grasp the location of the above vehicle.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim company's rights, and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The original register of each motor vehicle (the net 10,64);

1. Details, such as the progress of paying loans, and application of Acts and subordinate statutes on loan transaction contracts;

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;

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