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(영문) 대구지방법원 2017.04.19 2016고정2657
권리행사방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant obtained a loan of KRW 25 million from the JB Republic of Korea Capital Co., Ltd. to purchase cars of KRW 25 million. On the 25th of the same month, the Defendant created a mortgage on the 25th of the same month with the value of the bonds worth KRW 15 million to the victim.

Since then on December 20, 2015, the Defendant delayed payment of the principal and interest after the payment of the principal and interest of the vehicle, and the victim sought to execute a mortgage upon receiving an order from the court around September 1, 2016 to deliver the said vehicle. However, on November 1, 2016, the Defendant made it difficult for the victim to detect the said vehicle by concealing the vehicle on the non-permanent land and refusing to return it.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. An application for installment financing, application for debate on automobile, installment financing, agreement on mistake, terms and conditions of installment financing, certificate of seal impression, resident registration, original register of automobile registration, record of receipt, peremptory notice on exercise of right to collateral security, protocol of non-delivery of automobile, and certified copy of registry;

1. Application of Acts and subordinate statutes to a investigative report (related to confirming the location of a vehicle and intent to refuse the return of a vehicle);

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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