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(영문) 대구지방법원 2013.03.22 2012고정2036
권리행사방해
Text

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

Where the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 30, 2010, the Defendant borrowed KRW 12,90,000 on the condition that 5333,591 won per month shall be repaid in installments over 36 months from Hyundai Capital Co., Ltd., the victim, and around September 2, 2010, the Defendant created a mortgage on the cause of 12,90,000 won for the mortgagee, Hyundai Capital Co., Ltd. and the bond value of the vehicle owned by the Defendant.

On October 2010, the Defendant lost the ability to repay the loan by closing the workplace at the end of the end of the month, and caused the shortage of living expenses. On November 201, 2010, the Defendant borrowed 6.5 million won from the credit service provider, which was unable to know the name in front of the Ansan Station located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, to secure the said car, thereby making the said credit service provider unable to grasp the location of the said car, thereby allowing the victim to find out the location of the said car.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement;

1. A complaint;

1. Application form for goods of modern capital, application form for loans to purchase secondhand income, etc.;

1. Application of Acts and subordinate statutes of registration certificate;

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 Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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