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(영문) 수원지방법원 2017.09.14 2017고정1627
권리행사방해
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant was in a de facto marital relationship around November 18, 2011

B In the name of C, 23.5% per annum from the social corporation of the victim's Republic of Korea, 36 months of the loan period, and 17 million won on the condition of equal installment repayment of principal and interest, the victim was given a mortgage over the above vehicle with the value of 17 million won.

On December 2, 2012, the Defendant borrowed 3 million won as collateral from the name-oriented vehicle trading market that he/she became aware of as a result of the introduction of the land owner at around that time, and delivered the vehicle to the above person under the name of the land owner, thereby making it impossible to know the location of the vehicle by: (a) the Defendant borrowed 3 million won as collateral from the name-oriented vehicle trading market that he/she became aware of as a result of the introduction of the land owner at around that time; and (b) the Defendant’s transfer of the vehicle

Accordingly, the defendant, in collusion with B, concealed B-owned land which was the object of the mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by the prosecution against the defendant in the suspect interrogation protocol;

1. Statement made by the police against D;

1. Application of the details of deposits in installments, a protocol of impossibility of delivering a motor vehicle, a ledger of motor vehicle registration, and statutes on decisions;

1. Articles 323 and 30 of the Criminal Act concerning the facts constituting the crime;

1. Selection of punishment: Selection of a fine;

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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