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(영문) 청주지방법원 2014.11.13 2014고정821
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 13, 2012, the Defendant purchased BMF5 car in the name of the Defendant in Gangnam-gu Seoul Metropolitan Government, and took out a loan of KRW 10,50,000 from the victim Aju Capital Co., Ltd. connected by the said company to cover the car purchase price, and on the same day, registered the mortgage right to the said car purchased by the Defendant as security for the said loan with the mortgagee’s “Aju Capital Co., Ltd.” and the bond value of KRW 7,350,00.

After March 2013, the defendant provided the above passenger car which was the object of the victim company's rights as collateral to the bonds company with no name, and concealed the above passenger car so that the victim company can not find it by borrowing money.

Accordingly, the defendant interfered with the victim company's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of a written application for the issuance of a written statement of acceptance and the register of automobiles;

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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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