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(영문) 서울중앙지방법원 2013.06.14 2013고정1872
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 4, 2011, the Defendant: (a) purchased one string vehicle of the victim Hyundai Capital, Ltd. at the 5th floor of the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul Metropolitan City, with a loan of KRW 68-10,000,000 from the 5th floor of the 5th floor of the building; and (b) created a collateral mortgage on the said vehicle until the repayment of the said loan; and (c) contrary to the agreement, the Defendant paid KRW 1,200,001, which is a part of the loan, until August 10, 2011; and (d) delayed the loan from September 201.

The Defendant did not obtain any consent from the victim, and around December 201, the Defendant borrowed 3 million won to the non-resident in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan Government Office located in Yeongdeungpo-gu, Seoul Metropolitan Government, and provided the above vehicle owned by the Defendant to the above borrower as a security, thereby hindering the victim from exercising his right to the above vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement C to the Acts and subordinate statutes

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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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