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(영문) 수원지방법원 안산지원 2018.06.15 2018고정217
권리행사방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 23, 2016, the Defendant: (a) borrowed KRW 7,50,00 from the Bank of EF Savings Co., Ltd. in Gangseo-gu Seoul, the Defendant entered into a loan agreement on the condition that he/she will pay KRW 48 months and 231,840 in installments on the 15th day of each month; and (b) on August 30, 2016, the Defendant set up a mortgage on BM7 car owned by the Defendant as the mortgagee’s “Stock Savings Bank”, “A” and “7,50,000 won in bond value.”

However, the Defendant, from September 15, 2016 to February 20, 2017, paid only an amount equivalent to 632,00 won on six occasions from around February 15, 2017, and prevented the victim from exercising his/her rights by concealing the said SM7 car at Seoul National Assembly, and preventing the victim from exercising his/her rights by preventing any mortgage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to HK agreement, abstract, such as a motor vehicle registration ledger (A), inquiry into the president of a general fund loan, deposit inquiry, and detailed statement of credit transactions;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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