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(영문) 부산지방법원 동부지원 2018.04.25 2018고정34
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 July 6, 2015, the Defendant purchased DK5 car from North Korea-gu, Ulsan-si, Seoul-si, and borrowed KRW 22 million from the victim KF Capital Co., Ltd. for the purchase of vehicle. On July 9, 2015, the Defendant set up a right to collateral security at the maximum amount of KRW 11 million against the above vehicle as security for the above loan.

Nevertheless, the Defendant borrowed KRW 4.5 million from E on August 2016, and transferred the said vehicle to E without changing the name for the purpose of securing it.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the exercise of another person's right.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. Application of the Acts and subordinate statutes to the complaint;

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

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