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(영문) 춘천지방법원 강릉지원 2018.05.16 2018고단156

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 April 14, 2014, the Defendant purchased a No. BN car at the business office of the Eastern Motor Vehicle East Sea located in the East Sea in the East Sea, and received a loan of KRW 40 million from the victim Hyundai Capital, and set up a collateral security right with the amount of KRW 8 million as collateral to the said car.

On February 10, 2017, when the Defendant did not pay an installment from around February 10, 2017, the Defendant demanded the said borrower to pay the loan amount of KRW 5 million from his name in the vicinity of the Defendant’s residence located in the Dong Sea C, and the said borrower was asked to identify the location of the vehicle by putting the certificate of seal impression, etc. along with the said car.

Accordingly, the defendant concealed the passenger car which is the object of the victim's mortgage, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of complaints filed in D;

1. � 대캐피탈 신차 할부 신청서, 상담 표, 자동차등록 원부( 갑, 을) 법령의 적용

1. Article 323 of the Criminal Act applicable to the crime;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which were the Defendant’s new vehicles, paid the advance payment of KRW 1,3250,000 while purchasing a new vehicle, and the payment of KRW 250,000 for a period of three years, etc. was taken into account.