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(영문) 부산지방법원 서부지원 2017.12.11 2017고정283
권리행사방해
Text

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

Where the defendant fails to pay the above fine, 20 days shall be applied.

Reasons

Criminal facts

On July 29, 2015, the Defendant purchased the BM5 car in the used car market in Ulsan, and agreed to receive 18.9 million won from the victim KF Capital Co., Ltd. to repay the price equally over 48 months in order to pay the price. On July 29, 2016, the victim company set up a mortgage on the secured bond amount of 9.45 million won on the said car as security of the above loan.

On September 2015, the Defendant borrowed KRW 5 million from the office of a non-specified bond business operator in Ulsan-gu, Ulsan-gu, Seoul-do, and delivered the said car to no longer know of its location.

Accordingly, the defendant concealed the above car which is the object of the victim company's rights, thereby hindering the exercise of rights by the victim company.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A complaint filed against a loan of assets management by a stock company;

1. Application of Acts and subordinate statutes of the mid- and long-term debate and the Motor Vehicle Registration Register;

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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