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(영문) 부산지방법원 2017.11.23 2017고정1974
권리행사방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On May 8, 2012, the Defendant borrowed KRW 11,00,000 from the Korea Social Services Korea Co., Ltd. 10,000,000 from “C” located in Daegu Northern-gu, Daegu-gu, 2012, and purchased KRW 1,1,00,000, and established a mortgage on the said car in the future of the said company.

Around June 11, 2014, the victim LT 300 Asset Management Loan Co., Ltd. entered into a contract with the Korea Social Services Korea Co., Ltd. to take over the above loan claims and mortgage.

However, the Defendant paid a part of the loan doctrine by September 2013, and did not communicate with the Korea Social Services Korea Co., Ltd. Alca, and started to delay the payment of the remainder of the loan doctrine after leaving Japan around that time. After returning to Korea on December 21, 2015, the Defendant concealed the damaged person from finding out the location of the vehicle by means of avoiding contact and not notifying the location of the said vehicle, even if the Defendant requested the return of the said vehicle from the injured person on December 22, 2015.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. The motor vehicle registration ledger (the 2nd page of the investigation record), the asset sale contract (the 2nd page of the investigation record), the agreement on loans for purchasing secondhand cars (the 2nd page of the investigation record), the motor vehicle transfer certificate (the 2nd page of the investigation record), the deposit details (the 40th page of the investigation record), and the deposit details (the 2nd page of the investigation record);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a work log) and a criminal investigation report (Attachment of individual entry or departure status);

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