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(영문) 광주지방법원 2016.08.25 2016고정903
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 April 29, 2013, the Defendant: (a) purchased 3 vehicles with 1 million won in the name of the Defendant on New Co., Ltd. located in Seo-gu, Gwangju, Seo-gu, 101 Dong 112, and (b) borrowed 8 million won in the victim’s social Co., Ltd. to repay 328,751 won each month between 36 months and 36 months; and (c) entered into a mid-to-mid-to-face loan agreement to set up a maximum amount of 4 million won in the said vehicle as collateral.

While the defendant did not pay the installment amount normally after the conclusion of the above agreement, the defendant had the victim conceal the vehicle by the method of transferring the above vehicle to D at the beginning of 2015 and interfere with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. An abstract of a certified copy of the automobile registration ledger;

1. Application of Acts and subordinate statutes to a copy of the agreement of mid-to-medium loan and the agreement of establishment of mortgage right;

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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