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(영문) 부산지방법원 2017.12.20 2016고단7682
권리행사방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant: (a) provided D automobiles as security and borrowed KRW 20,100,010 from the victim E Co., Ltd. to change the loan amount to KRW 398,020 each month on November 26, 2012; (b) set up a mortgage on the said automobiles with the amount of KRW 11,964,400,000,000,000 to the creditor, the Defendant paid the said automobiles to the creditor, the Defendant, the obligor, and the obligor; and (c) was notified on May 25, 2016.

Nevertheless, around 11:20 on June 14, 2016, the Defendant: (a) visited the Busan Eastdong-gu F building; (b) the Defendant’s domicile at the Busan District Court’s District Court; (c) prevented the Defendant from carrying out compulsory execution by failing to deliver the vehicle; and (d) prevented the Defendant from finding the location of the said vehicle by avoiding the contact with the victim to the present time.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement made by the police with H;

1. Complaint;

1. Partial certificates of registered matters, a detailed statement of loans, I's application, a sub-written agreement to be discussed at I, details of receipt of principal and interest on once discrimination, the register of automobile registration, the protocol of impossibility of delivery of automobiles, the highest head of the vehicle, and the highest notice of exercise of rights to collateral security on automobiles;

1. Investigation Report (Submission of Data by Complainants) - Details of text transmission, telephone call details;

1. Investigation report (investigation as to whether a suspect has returned his/her vehicle);

1. Photographs of the details of dispositions on May 23, 2016, such as notification of suspect vehicles (where such data are attached to the notification of suspect vehicles, etc.), and photographs of the crackdown on violations of spirits around May 30, 2016;

1. Investigation Report (Attachment of Decision on Voluntary Auction of Motor Vehicles) - One copy of Decision on Voluntary Auction of Motor Vehicles

1. Reporting on investigation (to hear and report statements by a complainant's agent);

1. An investigation report (a report on the impossibility of contact with the suspect and the failure to identify the location of the vehicle) - one copy of the Sms notice.

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