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(영문) 인천지방법원 2019.07.11 2019고정968
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On June 9, 2017, the Defendant lent the name of mother B, and purchased a heavy vehicle of QM3, and agreed to repay the principal and interest equal for 48 months from the victim D, and borrowed 22.7 million won from the victim D. A mortgage was created by the complainant on the said vehicle at 1,1350,000 won.

Nevertheless, the Defendant did not pay monthly payment three times after repayment, and around August 2017, the Defendant obtained a loan of five million won from a lending business entity E and did not receive contact with the victim after passing over the vehicle, thereby concealing the above vehicle, which is its object of the victim’s right, and making it unclear the location of the vehicle.

Accordingly, Defendant A interfered with the legitimate exercise of the victim's rights against the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning F;

1. A complaint, a written application for a debate on middle and high-speed automobiles, an agreement, a certificate of personal seal impression B, an identification card, and a copy;

1. Application of investigation reports (related Acts and subordinate statutes to a lending enterprise where A has passed a vehicle);

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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