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(영문) 서울중앙지방법원 2017.01.24 2016고정3793
권리행사방해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On August 23, 2013, the Defendant purchased DNA Q7 vehicles from Gangseo-gu Seoul Metropolitan Government B, 8-1 C, and obtained a loan of KRW 39 million from the victim EF Savings Bank, thereby creating a mortgage on the said vehicle with the bond value of KRW 39 million and the mortgagee as the victim.

Nevertheless, on September 2015, the Defendant provided the above vehicle as a security to the Mapo-si located in Ansan-si and obstructed the exercise of another person's rights by concealing his/her own property which became the object of another person's rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. HK AUTO-LON application agreement, and HK AUTO-LO-LO-specific agreement;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes on dispatch of letters;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Penalty Penalty)

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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