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(영문) 대전지방법원 2017.12.21 2017고정1456

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 July 14, 2011, the Defendant borrowed KRW 30,200,00 from the Hyundai Capital Co., Ltd., Hyundai 15 months, and purchased the said vehicle by means of equal installment repayment of principal and interest on the 15th of each month during the 36-month period. On July 15, 2011, the Defendant registered a mortgage on the said vehicle with the mortgagee Hyundai Capital Co., Ltd., the debtor, the Defendant, and the bond value of KRW 30,202,00,000.

Since the Defendant did not pay the principal and interest from October 201, the Defendant lost the benefit of time and returned the vehicle to the victim company. Nevertheless, around February 2014, the Defendant borrowed 7.5 million won from the Gangnam Terminal located in Seocho-gu Seoul Metropolitan Government to the non-name-based bond company, and issued the said vehicle as security along with the certificate of seal imprint, etc.

After all, the defendant concealed the above vehicle which was the object of the mortgage of the victim company and obstructed the exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A complaint, three copies of deposit receipts, and comprehensive vehicle details;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The sentence of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) did not pay damages even though the amount of damage caused by the reason for the sentencing of Article 334(1) of the Criminal Procedure Act was reasonable, and the nature and circumstances of the crime are not good. However, considering the circumstances such as the nature of the crime and the fact that it is against the nature of the crime,