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(영문) 부산지방법원 동부지원 2017.01.12 2016고정812
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

In the C Trading Company located in Dong-gu Incheon Metropolitan City on February 16, 2014, the Defendant obtained a loan from the K Dog Capital (State) to pay 10 million won in its own name on a 36-month installment, and made a mortgage for the said vehicle at KRW 5 million, which is an amount equivalent to 50% of the bond value. However, the Defendant did not pay KRW 1,454,342 to the above 10 million by June 20, 2014, and thereafter, did not repay the remaining principal amount of KRW 9,145,866.

The Defendant, as such, provided the same as the security to the name influent who became aware of the said car owned by himself, which is the object of the mortgage of the case, at the end of July 2014, at the end of Busan and the end of July, 2014, borrowed KRW 4 million after it delivered the said car to the name influent person.

Accordingly, the Defendant interfered with the exercise of rights by the victim by concealing his or her own property that was the object of the mortgage on the said passenger car loan from the said case (State).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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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