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(영문) 서울서부지방법원 2017.09.28 2017고정1077
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 July 1, 2013, the Defendant entered into a mid-term installment contract with the victim victim case capital company (it is changed from our social company to the current trade name on March 2014), and received a loan of KRW 12,800,000, and on July 2, 2013, the Defendant established a mortgage on the victim’s B-wing and freight vehicle owned by the Defendant as the mortgagee, and the claim amount of KRW 6,40,000 is KRW 6,000.

Nevertheless, on July 2014, the Defendant received a loan from the nameless borrower and made it difficult for the Defendant to exercise the mortgage by making his/her location unknown after transferring the above cargo.

Accordingly, the defendant concealed his own property which was the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the complaint, notice of transfer of claims, asset sale contract, and automobile registration ledger;

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

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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