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(영문) 의정부지방법원 고양지원 2013.12.12 2013고정1628
권리행사방해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around November 29, 2010, the Defendant purchased BK7 car at the Agro vehicle lecture point, and agreed to pay the amount of KRW 31,000,000 from the victim Aju Capital Co., Ltd. for 60 months. On December 1, 2010, the Defendant offered the said car owned by the Defendant as security and set up a mortgage equivalent to KRW 6,200,000 of the bond value with the creditor as the victim.

On December 2011, the Defendant provided and delivered the said car as security to C, one of its creditors, without the consent or consent of the victim.

Accordingly, the Defendant concealed the Defendant’s car that became the object of the victim’s right, thereby hindering the victim’s exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A motor vehicle loan agreement;

1. Original register of vehicles;

1. Statement of impossibility of delivery of automobiles;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime, selection of fines;

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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