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(영문) 대구지방법원 김천지원 2016.10.25 2016고정514
권리행사방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2014, the Defendant purchased D and D rocketing car in Gangnam-gu Seoul, Seoul, and agreed to obtain a loan of KRW 8 million from the victim Aju Capital Capital Co., Ltd. to pay KRW 313,440,00 per month during the 36-month period, and on the 15th day of the same month, the Defendant set up a mortgage against the said car as a security for the above loan obligation at KRW 5.6 million.

Nevertheless, on November 2015, the Defendant borrowed 1,200,000 won from the needy, and delivered the said car to the needy, and the location of which is unclear.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the victim’s right, in such a way as above, thereby hindering the victim’s exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as complaint forms, details of receipt of principal and interest, register of automobiles and applications;

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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