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(영문) 대전지방법원 2014.10.29 2014고정435
권리행사방해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is the representative and operator of a used vehicle selling company in Seongbuk-gu, Daejeon Metropolitan City as a used vehicle selling company and closed the business around April 2013.

On September 27, 2012, the Defendant: (a) prepared an installment financing agreement to pay 26,000,000,000 won in vehicle price, (b) 20,000,000 won in application amount, (c) 24 months in the contract period, 969,067 won in each month; and (d) made a registration of collateral security interest in the said passenger car at the social service Korea, 200,000,000 won in Seoul Jung-gu, Jung-gu, Seoul.

Nevertheless, the Defendant paid 4,828,973 won in five installments, and had F dispose of the said car, which was the object of the right of the complainant, and had F dispose of it to the Buddhist in June 2013 and concealed it.

2. Determination 1) The evidence of criminal facts must be presented by the prosecutor, and the facts constituting the crime must be proven by the judge so high probability that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's guilt, it is inevitable to determine it as the defendant's interest (see, e.g., Supreme Court Decisions 92Do3327, Mar. 23, 1993; 2012Do6522, Aug. 23, 2012). 2) The following documents were examined, and the written statement of the complaint and G, which led the defendant F to dispose of the instant vehicle.

It is not sufficient to acknowledge that the instant vehicle was involved in the disposal of the instant vehicle, and there is no other evidence to acknowledge it.

Rather, according to the witness F's statement in the third protocol of trial, and the witness G's statement in the fifth protocol of trial, the defendant is the request of H.

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