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(영문) 창원지방법원 진주지원 2014.12.17 2014고정418
권리행사방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 30, 2013, the Defendant: (a) purchased a B low-priced car from a used car dealer located in the Busan Geum-gu, Busan, and (b) took out a loan of KRW 18,70,000 from the victim’s EF Savings Bank; and (c) agreed to provide the said car as security to the victim and to repay the loan at KRW 782,620 each month at a 36-month rate; (d) the Defendant agreed to provide the

5.3.In respect of the said car, the victim completed the registration of the establishment of a mortgage with regard to the said car as a mortgagee, the defendant as the debtor, and the maximum debt amount of KRW 18,700,000.

Nevertheless, the Defendant had the intent to conceal the said car by transferring it to another person because it is difficult for the Defendant to operate his business, and did not pay the remaining installments out of the above car, and around that time, the Defendant obstructed the Defendant’s exercise of rights by concealing the said car, which is the object of the right to collateral security, to a company with a name-free bond business operator, and whose location cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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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