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(영문) 대구지방법원 포항지원 2016.12.21 2016고정452
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 12, 2011, the Defendant borrowed a secondhand loan of 9 million won from the victim (ju) one capital to purchase Brane car at the car sales store located in Jeonnam-do. In the process, the Defendant established a right to collateral security of 9 million won for the above vehicle in the name of the victim.

As such, the Defendant was prohibited from arbitrarily disposing of the said vehicle without the consent of the victim until the installment payment is completed, but the Defendant borrowed 2 million won from the Bara parking lot in which the name of the marina-dong in the Daejeon Metropolitan City is unknown on April 2013 to the person who was not the name, and the transfer of B Bado-type vehicle as security to the person who was not the victim, thereby interfering with the legitimate exercise of the rights by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of an installment financing agreement, a certified copy or an abridged copy of the register of automobiles;

1. Relevant provisions of the Criminal Act and Article 323 of the Criminal Act regarding criminal facts, the choice of fines (in case of acquisition of claims from the injured party by transfer) and the selection of fines (in case of acquisition of claims from the injured party, taking into account that the above transferee does not want the punishment of the accused and that there is no previous criminal record and no criminal punishment record different from that of the accused, in addition

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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