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(영문) 창원지방법원 진주지원 2019.01.11 2018고정334
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 6, 2014, the Defendant: (a) purchased D E motor vehicles in the name of the Defendant, and (b) provided KRW 19.7 million from the Defendant FFF Co., Ltd. to repay KRW 476,325 by means of equal repayment of principal and interest during the 48-month period; (c) around January 7, 2014, the Defendant provided the said E motor vehicle as security to the mortgagee and set up a collateral security right with the bond value of KRW 9.85 million.

However, on June 2014, the Defendant borrowed 3 million won from a credit service provider on his name and transferred it as security, making it difficult for the Defendant to find out the location of the said vehicle.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. An application for new installment plan;

1. Application of the register of automobiles statutes

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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