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(영문) 부산지방법원 동부지원 2016.08.17 2016고정689
권리행사방해
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

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

Reasons

Punishment of the crime

On July 22, 2013, the Defendant: (a) purchased a DNF small- or medium-sized car from the Busan Metropolitan Government Co., Ltd.; (b) borrowed KRW 15 million from the victim PelC Loan Co., Ltd.; and (c) agreed to pay KRW 56,689 each month between 36 months and 36 months; and (d) set up a collateral security interest of KRW 7,500,000 in the value of the claim as the mortgagee for the said vehicle as security.

Nevertheless, on November 201, 2014, the Defendant had prevented the victim from exercising his rights by concealing the foregoing vehicle, which became the object of a mortgage, as seen above, to a person who was not the victim of the accident, after being granted a loan of 2 million won to him/her, and his/her location cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on accusation of ELC Loan Companies;

1. Article 323 of the Criminal Act concerning the crime;

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

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