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(영문) 대구지방법원 김천지원 2019.05.02 2018고정390
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 September 30, 2016, the Defendant borrowed 65 million won from the victim on the condition that the principal and interest shall be repaid in equal installments for 48 months in order to purchase the vehicles of the Daegu-gu building and the 5th floor CFA8th floor. On October 5, 2016, around October 5, 2016, the Defendant established a right to collateral security with the mortgagee as the victim, and the bond value as 32.5 million won.

Nevertheless, on November 2017, the Defendant disposed of the said car under the name of the sub-section on the condition that the Defendant would pay the installments to the sub-surbed sub-surbed sub-surged sub-surged sub-surged sub-surging, and obstructed the Defendant’s exercise of rights by making it impossible to exercise the right of the victim by making it difficult to identify the whereabouts of the vehicle without responding to the contact of the victim, by paying the installments only until April

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Complaints of C stock companies;

1. An agreement on a loan, notification of scheduled termination of the contract, the register of automobiles;

1. Application of Acts and subordinate statutes to a criminal investigation report (in case of failure to submit suspect data and failure to verify the location of a vehicle), investigation report (in case of failure to verify personal information);

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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