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(영문) 청주지방법원 2014.11.13 2014고정869
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 November 4, 2011, the Defendant: (a) purchased Drocketing car in the C office located in the Chungcheongbuk-gun; (b) borrowed KRW 8.9 million from the victim Aju Capital Co., Ltd. to cover the purchase price of the car; and (c) registered the mortgage on the said car purchased by the Defendant as security for the said loan with the mortgagee’s “Aju Capital Co., Ltd.” and “8.9 million won for the bond price.”

On December 2, 2011, the Defendant provided the above passenger car, which was the object of the rights of the victim company, as a collateral to the bond company in the name of the victim company through E, a subsequent jury, and concealed the above passenger car from being transferred to the victim company by borrowing KRW 2 million.

Accordingly, the defendant interfered with the victim company's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement prepared by the F;

1. Application of the Acts and subordinate statutes to a copy of the loan approval file, a copy of the contract to be entered into with the issuer, and a copy of the register of automobiles (Evidence No. 10);

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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