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(영문) 인천지방법원 2015.05.29 2015고정1269
권리행사방해
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 23, 2013, the Defendant borrowed KRW 15 million from the victim tecat Korea Loan Co., Ltd. located in Mapo-gu Seoul Metropolitan Government, and on January 30, 2013, the Defendant created a mortgage by designating the mortgagee as the victim, the mortgagee, the obligor, and the mortgagee as the Defendant.

On April 2013, 2013, the Defendant borrowed KRW 5 million from C on the road in front of the hill Station in Gangnam-gu Seoul, Seoul, and transferred the said car, which was the object of the victim’s mortgage, to the said C as a collateral, and caused the victim to not grasp the location of the said car, thereby hindering the victim’s exercise of rights by concealing the said car.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a petition for complaint, a business registration certificate, a full certificate of registered matters, a loan transaction contract, a suspect admission and withdrawal transaction, and a mortgage contract on automobile;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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