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(영문) 의정부지방법원 2018.04.11 2018고정293
권리행사방해
Text

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

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

Reasons

Punishment of the crime

Around January 23, 2015, the Defendant borrowed KRW 4 million from the Victim’s Quats Capital Co., Ltd. on a 18-month installment plan, and established a mortgage on the said victim’s company on January 27, 2015 with the bond value of KRW 4 million as the mortgagee of the said victim’s company on the BRason’s car owned by the Defendant on January 27, 2015. On March 2015, the Defendant transferred the said vehicle to a person who is not his/her name, thereby hindering the exercise of the rights by the said victim’s company on the said vehicle owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of C’s complaint;

1. Original register of each motor vehicle registration;

1. A copy of notice of transfer of claims, copy of a written application for relay loan, and application of statutes on registration certificates;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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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