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(영문) 서울남부지방법원 2017.05.31 2017고정860
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 October 22, 2013, the Defendant purchased Crocketing passenger cars at the “B Suwon Branch” located in the Gyeonggi-si, and agreed to borrow 11,000,000 won for vehicles from one victim capital Co., Ltd. and to repay the vehicle in installments for 36 months each month from October 1, 2016. On October 23, 2013, the Defendant created a mortgage of KRW 5,500,000 as the mortgagee for a passenger car as security for a debt.

Nevertheless, on December 12, 2013, the Defendant borrowed KRW 2,800,00 from “E” located in Dong-gu, Suwon-gu, Gyeonggi-gu, Gyeonggi-do, and offered and delivered a passenger car as security.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Act and subordinate statutes to the investigation report (the document attached to the Standard Loan Transaction Contract submitted by the suspect), investigation report (the document submitted by the suspect to verify the identity of the suspect)

1. Article 323 of the Criminal Act applicable to the crime;

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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