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(영문) 부산지방법원 2016.03.18 2015고정4331
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On April 10, 2013, the Defendant: (a) purchased a car from the said C, and (b) paid KRW 23,500,000 out of KRW 24,550,000 of the purchase price of the said car from the said C; (c) received a loan from the victim C; and (d) made a payment to the victim D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D’s loan from the Plaintiff (the name was changed from the Social Co., Ltd. of Korea on March 31, 2014) for 410,884 won each month from May 20, 2013 to the victim D D D D D D D D D D D D D D D D D D D D’s loan to pay the principal and interest for 72 months each month from May 20, 2013.

As above, while the Defendant was operating a DCoon with a car with a collateral security established in the name of the victim CF Capital Co., Ltd., the Defendant borrowed KRW 10,000,000 from a person who was under his name on December 2, 2013, and transferred the said car as a collateral, thereby concealing his own property which became the object of another’s right, thereby interfering with the Defendant’s exercise of the right of the victim CF Capital Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the register of motor vehicles, such as the details of filing of complaints, customer information, termination of middle and long-term termination, applications for a new installment, credit management records, and

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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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