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(영문) 서울북부지방법원 2017.05.10 2017고정324
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On April 25, 2014, the Defendant purchased 31-ro 31, Seongbuk-gu, Seongbuk-gu, Seoul, Dan Capital Co., Ltd. at the Seoul Northern Branch, with a loan of KRW 34,30,000,000 from Non Capital Co., Ltd. and agreed to repay 677,563 won per month during the 60-month period to equalize the 67,563 won, and created a separate collateral security for Non-Performing Pown-do.

However, until February 20, 2016, 14,868,508 won was paid over 22 occasions, and the payment was refused since May 9 of the same year, and the victim's exercise of rights was obstructed by concealing the said motor vehicle (C) which was the object of the victim's rights in a non-permanent state.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Complaint;

1. An application for debate on automobile accident; and

1. Original Register of Automobile Registration;

1. Decision on voluntary auction of motor vehicles;

1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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

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

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