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(영문) 서울중앙지방법원 2016.05.18 2016고정546
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 9, 2011, the Defendant borrowed 20 million won from one victim capital Co., Ltd. and set up a mortgage on the said car in the name of the victim as security while purchasing one last passenger car around May 9, 201.

However, on December 2011, the Defendant borrowed 4 million won from a credit service provider under the name of the name of the Defendant and offered the said car as a collateral on the condition that it would be repaid within three months, but the Defendant failed to repay the loan, and the car was distributed in a large-scale lane.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the ledger of registration of automobiles, written agreement of installment financing, agreement of acquisition of assets by transfer, content verification, and ledger of registration of automobiles, of used goods to be treated as heavy

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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