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(영문) 대전지방법원 천안지원 2014.10.23 2014고정839
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant: (a) concluded a credit transaction agreement with the victim Aju Capital Co., Ltd. and CNAS vehicles located in the Dong-gu, Chungcheongnam-gu, Incheon; (b) obtained a loan of KRW 39 million on the condition of mortgage establishment; and (c) transferred a vehicle C, a collateral security, to the victim company if the principal and interest are overdue; (d) did not pay the principal and interest amount of KRW 27,282,594; and (e) took over KRW 13,330,000 from D as collateral, by borrowing the said vehicle from D on March 2014, the Defendant interfered with the exercise of other’s rights by concealing its own property that became the object of other’s rights.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application for loan, application of the F (M) agreement, and application of the Acts and subordinate statutes on protocol of impossibility of delivery of automobiles;

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the crime, selection 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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