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(영문) 울산지방법원 2017.08.11 2017고정611

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 18, 2013, the Defendant: (a) purchased 10,400,000 won as collateral for the above vehicle to the victim K non- capital Co., Ltd. (Gu, Korea Social Co., Ltd.) and made a loan to pay KRW 380,696 per month between 36 months; and (b) on December 20, 2013, the Defendant set up a mortgage of KRW 5,200,000 on the bond value on the above vehicle.

In the above case, the Defendant had a duty to faithfully keep the vehicle which was the object of the right until the full payment of the installment amount was made, but the Defendant did not pay the loan amounting to KRW 1,129,377 until March 19, 2014, and concealed the vehicle that was the object of the right to receive KRW 200,000 from the non-titled credit service provider in the trade name in the Seo-gu, Daegu on April 2014, in the presence of the trading company in the name of the said vehicle in the name of the non-resident in the name of the non-resident of the said vehicle.

Accordingly, the defendant interfered with the exercise of rights against the above vehicles by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (C);

1. Application of a contract for the establishment of mortgage on automobiles, a written application for heavy installments, and the Acts and subordinate statutes of the Motor Vehicle Registration Register;

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