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(영문) 수원지방법원 평택지원 2018.02.21 2017고정350
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 September 3, 2013, the Defendant entered into an installment contract on the condition that the Defendant would pay KRW 410,000,000,000 to the Defendant’s third-party office of the Victim Capital Co., Ltd., Ltd., the 410 Solof Ra, and set up a collateral security agreement on the same day under the condition that the Defendant would pay KRW 451,300,000,000 per share to the said passenger car at the maximum amount of 70% of the principal amount to the said passenger car, and that the Defendant would pay KRW 1,638,00,000 per share to the said passenger car.

On February 14, 2015, the Defendant was requested from the injured party on July 17, 2015 by a special contract for the loss of time due to the payment of installments from around February 14, 2015, but did not comply with the request, and concealed the said car at a place outside the residence without responding to the request.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, written applications to be discussed, peremptory notices to exercise of each right to collateral security, register of automobiles, details of receipt of interest and interest on disposable discrimination, and monetary statements;

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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