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(영문) 서울중앙지방법원 2016.05.17 2016고정678
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The Defendant is a person who works as a joint representative of B siren from July 2015.

around June 24, 2014, C, another joint representative of B C, received a deposit of KRW 10 million from the victim D, and lent the E 3 car owned by B, E C, a car.

However, the Defendant decided to arbitrarily recover the said car on the ground that there is no agreement on the said car in Brenk, and discovered 3 car owned by the E-car on the road located in Gangnam-gu Seoul, Gangnam-gu, Seoul around September 20, 2015, and brought the said car by using the auxiliary key for the said car.

Accordingly, the defendant taken goods owned by B sirens and obstructed the exercise of rights by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on motor vehicle registration certificates;

1. Relevant Article of the Criminal Act and Article 323 of the Criminal Act concerning the crime. Article 323 (Selection of Penalty Penalty)

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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