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(영문) 서울중앙지방법원 2015.08.18 2015고정2643
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 April 7, 2014, the Defendant purchased D's used cars at D's C office located in Gangseo-gu Seoul Metropolitan Government, and borrowed KRW 8 million from the victim A's I'th Capital Co., Ltd. to cover the purchase price of cars, and on the following day, registered the mortgage right to the said car purchased by the Defendant as collateral with the mortgagee A's capital and bond value of KRW 5.6 million.

On December 2, 2014, the Defendant provided a security to a person (one-day: E) who is unable to know the name of the said passenger car which is the object of the victim's right at a closed land, and delivered it, and concealed the said passenger car from borrowing KRW 3 million so that the victim can not be found.

Accordingly, the defendant concealed the above passenger car which was the object of another person's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the investigation report (report on tracking the present operator of the vehicle) and the Acts and subordinate statutes in the complaint;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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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