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(영문) 서울중앙지방법원 2018.03.20 2018고정240

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On January 27, 2015, the Defendant purchased a B B PP car, and took out a loan under the condition that the Defendant repays KRW 22.1 million from the victim’s modern Capital for a period of 60 months. On January 28, 2015, the Defendant set up a right to collateral security with the value of the claim “(jum) Hyundai Capital” and “20,100,000 won” on the said vehicle around the same month.

On January 28, 2015, the Defendant transferred the said car to the nameless borrower on the street in front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, as a security for the Defendant’s entire debt amounting to KRW 40 million, and caused the Defendant to know the location of the car.

Accordingly, the defendant concealed the vehicle which was the object of the right to collateral security of the victim company and obstructed the victim company's exercise of collateral security.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint and each accompanying document;

1. Reporting the results of police investigations and the application of statutes;

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;