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(영문) 광주지방법원 2016.01.06 2015고정1629
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 22, 2014, the Defendant borrowed KRW 10 million from the injured party to purchase one of the used vehicles through the Changpocom Co., Ltd., the Co., Ltd. in Seocho-gu Seoul Metropolitan Government B Building, and completed the registration of the establishment of a right to collateral security with a bond value of KRW 7 million in the C Car owned by the Defendant, the injured party as a person with a right to collateral security, and the injured party as a person with a right to collateral security.

By April 20, 2014, the Defendant paid a total of KRW 635,57,000,000 for installments until April 20, and was anticipated that the injured party would exercise a mortgage on the said car. On March 2014, the Defendant borrowed a cash of KRW 3 million from a bond administrator at the end of the end of the month and issued all the keyss and related documents of the said car.

Ultimately, the Defendant concealed his own property, which was the object of the victim’s right, and obstructed the victim’s exercise of right.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A peremptory notice, an application for debate, a summary, and an agreement concerning the exercise of the right to collateral security;

1. Application of Acts and subordinate statutes to the motor vehicle delivery impossible protocol and the motor vehicle registration ledger;

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

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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