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(영문) 수원지방법원 평택지원 2016.09.08 2016고단1161
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around March 11, 2014, the Defendant purchased B-learning passenger cars from a used car sales store located in Suwon, and entered into a loan agreement with the victim Domin Capital Co., Ltd. (former Korea Social Co., Ltd.) to repay the total amount of KRW 10 million each month of the principal and interest of KRW 376,237,000 for 36 months between the Defendant and the victim Domin Capital Co., Ltd. (former Social Co., Ltd.). On March 14, 2014, the Defendant established a mortgage on the said passenger car at KRW 5 million.

Nevertheless, around July 2015, the Defendant: (a) borrowed KRW 2 million from a lending company located in Sungnam and provided the said car for the purpose of securing the mortgage of the victim company; and (b) did not inform the employees in charge of the victim company of the location of the vehicle despite being requested by the employees in charge of the victim company to notify the location of the vehicle for the exercise of mortgage because the principal and interest of the loan for the said car was not repaid in whole; and (c) the Defendant concealed the said car.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the second and second installment agreement, the register of automobiles statutes;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act regarding the crime, the choice of a fine (the amount of the victim's mortgage claim becomes impracticable due to the crime of this case)

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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