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(영문) 춘천지방법원 영월지원 2015.02.13 2014고정182
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On April 15, 2008, the Defendant purchased C QM5 car at the office of the Korea Social Services Korea Co., Ltd. located in Geumcheon-gu Seoul, Geumcheon-gu, and established a mortgage on the mortgagee’s social services Korea, the value of which is KRW 25.6 million. On June 11, 2014, the Defendant succeeded to the status of the mortgagee from the Korea Social Services Korea Co., Ltd. located in Geumcheon-gu, Seoul.

While the Defendant did not pay the above installment of the vehicle properly and did not comply with the request for the return of the vehicle, on September 4, 2014, the Defendant borrowed KRW 2,550,000 from the branch by borrowing 2,50,000 from the branch and provided the said vehicle as a collateral, thereby obstructing the Defendant’s exercise of the right to demand the return of the vehicle.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the register of automobiles statutes

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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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