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(영문) 인천지방법원 2014.09.26 2014고정2613
권리행사방해등
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

The Defendant, as a person who actually operates C in Gangnam-gu Seoul Metropolitan Government, did not return the EK5 vehicle between sirens, the Defendant used GPS to check the location of the said vehicle and was born to recover it.

1. Around July 27, 2013, the Defendant: (a) took a method of having the victim I, who is an employee of the said company, carry the said K5 vehicle owned by the said company, which was received from the said D as a security for debt from the said D, onto the towing vehicle without the victim’s consent; and (b) obstructed the victim’s exercise of rights against the said vehicle.

2. The Defendant: (a) while taking a vehicle at the time and place indicated in paragraph (1) as seen above, the Defendant stolen the vehicle by having the said H use of one 200,000 won of the market price owned by the victim I; (b) two copies of a contract of land transaction on the market price; (c) two mobile phones; (d) one cellular phone; and (e) one bank passbook; and (e) one 15 bank passbook.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. The police statement of H;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 323 of the Criminal Act and Articles 329 and 329 of the Criminal Act, the choice of a fine for the crime, and the choice of a fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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