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(영문) 대전지방법원 천안지원 2015.06.26 2015고정231
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On September 6, 2012, the Defendant borrowed KRW 6.6 million from the Aju Capital Stock Association, which is the victim, and purchased the B B KK car, and around September 17, 2012, it was anticipated that the victim will execute the mortgage as the Defendant paid only once the principal and interest of the loan to the victim, while establishing a mortgage on the amount of KRW 4.62 million for the victim.

On March 2014, the Defendant: (a) delivered the said car to a lender who is not aware of his name at the office of the Defendant located in Dong-gu, Dong-gu, Dong-gu; and (b) concealed it so as to make it considerably difficult to find the location of a vehicle owned by the Defendant, which was the object of the mortgage of the victim; and (c) obstructed

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to the accusation, payment guarantee transaction agreement, disposable discrimination receipt of principal and interest, protocol of impossibility of delivery of motor vehicles, register of motor vehicles, monetary specifications;

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 (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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