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(영문) 서울중앙지방법원 2018.07.17 2018고정1292
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 20, 2016, the Defendant entered into a loan agreement with a non-Korean Capital Co., Ltd., and received KRW 25 million from the injured party, and provided B with the above loan as security for the above loan, and created a mortgage over KRW 12.5 million in the value of the claim in the future for the victim.

On February 2, 2017, the Defendant: (a) received 6,500,000 won from a person who was in the name of the family member D, who was aware of the family in which the Defendant was living in Seo-gu, Incheon, Seo-gu; and (b) provided the above person who was in the name of the family member, with the vehicle as security.

Accordingly, the defendant concealed the vehicle owned by the defendant, which is the object of the victim company's rights, and obstructed the victim company's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A president of the F;

1. Application of Acts and subordinate statutes to each investigation report (related to recovery of vehicles);

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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