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Reasons
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(영문) 광주지방법원 2018.08.24 2017고정1699
권리행사방해
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 15, 2015, the Defendant purchased one of the heavy rolling stock vehicles (vehicle number C) in 2015 at a place of fire, and received a loan of KRW 30,000,000 on the condition that 651,076 won per month shall be repaid in 60 months from November 2015 from Korea Co., Ltd., which took place from 60 months to 60 months, from which the Defendant set up a collateral security (hereinafter referred to as “mortgage”) with respect to the said car, which is the victim of the right to collateral security, the Defendant, and the maximum amount of 24,00,000,000 for the said car.

From November 2015, the Defendant paid 6,618,464 million won out of the loans, and was in arrears with the repayment of the loans from October 4, 2016, around February 6, 2017, the Defendant transferred D the possession of the said car-generating vehicle owned by the Defendant, along with the documents necessary for the transfer of the name to D for securing the obligation in the apartment complex located in Busan Northern-gu High-Tech, Gwangju High-Tech, Gwangju High-Tech, 166 Gwangju High-Tech, 166.

Accordingly, the defendant concealed the location of the car that was the object of exercising the right to collateral security by the victim company and obstructed the victim's exercise of the right to collateral security.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Legal statement of witness E;

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

1. Each police statement made to F or D;

1. A copy of an application for finance and a certified copy thereof;

1. An abstract of the motor vehicle registration ledger (A), a certified copy of the motor vehicle registration ledger (B);

1. Application of a copy of A seal imprint certificate, a copy of a written consent for waiver and operation of a motor vehicle, or a copy of power of attorney;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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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