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(영문) 창원지방법원 통영지원 2018.12.18 2018고정252
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On October 30, 2016, the Defendant borrowed KRW 6 million from the victim B, who was known to the ordinary place at ordinary times, and came to be in charge of the Defendant’s car owned by the Defendant as security.

Nevertheless, on November 10, 2017, from around 22:00 to around 02:00 of the same month, the Defendant driven the said car that was parked at the same place using a Spanish key kept by the Defendant at the parking lot of the Gyeongnam-gun, Gyeongnam-gun.

In this respect, the defendant took the above car which is the object of the victim's right and interfered with the victim's exercise of right.

Summary of Evidence

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The Defendant asserts that F borrowed money to the victim as security and that it did not borrow money from the victim.

2. According to the evidence duly admitted by the evidence, both E and B have secured the difference and borrowed money.

The facts stated, B, upon finding the defendant and claiming a return of the difference in the test to pay the borrowed money.

In light of the above facts, it can be sufficiently recognized that the defendant took a car that became the object of the victim's rights and interfered with the exercise of the victim's rights by taking a car that became the object of the victim.

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