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(영문) 인천지방법원 2018.09.07 2018고정1475
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 October 15, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Incheon District Court on August 15, 201, and the judgment became final and conclusive on December 27, 2014.

On January 6, 2014, the Defendant concluded a loan contract with C Co., Ltd. and took out KRW 10,800,000 from the said company on January 7, 2014, and set up a collateral security in the name of C Co., Ltd. on the above vehicle. The victim D Co., Ltd received the said credit and collateral security transfer on May 20, 2016, and requested the Defendant to return the vehicle to repay the debt and to exercise the right to collateral security.

However, on August 14, 2014, the Defendant borrowed KRW 2.5 million from a bond company with the name in secret and offered the above rocketing car as security, and concealed it by means of not knowing the location of the above vehicle and refusing to return it to the victim company.

In this respect, the defendant concealed objects that were the objects of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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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