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(영문) 수원지방법원 2019.07.18 2019고정765
권리행사방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 18, 2017, the Defendant: (a) purchased vehicles from the victim E Co., Ltd.; (b) borrowed the purchase price of KRW 14 million from the victim E Co., Ltd.; (c) set up a mortgage on the said vehicle under the victim’s name on April 19, 2017; and (d) leased the said vehicle to the victim H through FG car page on January 1, 2018, while owning and operating the said vehicle, the Defendant leased the said vehicle to the victim H in KRW 3 million, and KRW 150,000,000,000,000 per month.

Nevertheless, on May 10, 2018, the Defendant returned the said vehicle to the victim H by stating that the said vehicle would be temporarily used and returned, and the Defendant received three million won in cash from the person under whose name the vehicle was in front of the Gangwon-do Stick-gun, and delivered the said vehicle to the victim so that the victims can not confirm the location of the vehicle.

Accordingly, the defendant concealed the victim E-stock company's right to collateral security and the victim H's lease, which is the object of the right to lease, and obstructed the victims' exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to J and H;

1. Application of Acts and subordinate statutes to file a complaint (a detailed statement of loans, details of receipt of principal and interest of disposable discrimination, an application for middle and high-class debate) by E companies, and H's accusation (a written dialogue and details of account transfer);

1. Article 323 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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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