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(영문) 서울북부지방법원 2018.11.02 2018고단2315

권리행사방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 24, 2017, the Defendant entered into an agreement with the victim to make loans of KRW 23,40,00,000, interest rate of KRW 48 months, annual interest rate of KRW 17.5% (interest rate of arrears 25%) in the said vehicle on July 25, 2017, at the point of the Gangseo-gu Seoul Metropolitan Government, the maximum claim amount of KRW 11,70,000,000, at the 7th office of the KB Capital Capital in the building located in Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government, and at the 7th office of the K5 passenger car, and the Defendant set up a mortgage on the said vehicle on July 25, 2017.

On January 15, 2018, when the Defendant paid the installment for two months, and was urged to pay the installment from the injured party, the Defendant borrowed 25 million won from the trading company of a used motor vehicle in the name of the trade name at the time of light and delivered the said vehicle as security and thus, the location of the installment is unclear.

Accordingly, the defendant concealed his own property, which was the object of another person's right, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint filed by C;

1. Computer review table, bond document management inspection table, application for middle and high debate, and other accompanying documents;

1. Application of Acts and subordinate statutes of the motor vehicle registration certificate, report on information on history of secondhand motor vehicles, and the original register of motor vehicles;

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 crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order established a collateral security on the above vehicle in order to secure a loan obligation of KRW 23.4 million paid in the purchase of the vehicle as indicated in the judgment by the Defendant, and provided the above vehicle as security to another person in the status of payment of the installment amount of KRW 685,012, which is twice the installment amount, and the case is not less complicated in light of the circumstances and contents of the crime.

However, the defendant recognized the crime of this case, and the injured person expressed his intention not to punish the defendant by agreement with the victim.