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(영문) 대구지방법원 김천지원 2016.10.18 2016고정415

권리행사방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 29, 2015, the Defendant offered a security for SM7 (B) of his/her vehicle to the Victim Capital Co., Ltd. and paid KRW 351,340 per month from March 1, 2015 to February 1, 2019, the Defendant received KRW 13 million from the victim and set up a right to collateral security for the said vehicle to the victim.

Despite the existence of the principal and interest of KRW 13,082,626, etc. from March 24, 2016 after the Defendant provided a security loan from the victim as above, the Defendant began to delay from the beginning of October 2015, and the Defendant obstructed the victim’s exercise of rights by concealing the said vehicle in a non-permanent state.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on filing of a complaint, an application for a middle and high-speed debate, an automobile register, a credit balance inquiry, a repayment line, and SP dispatch details;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant agreed with the victim after filing a request for the formal trial of this case; (b) the Defendant is the primary offender; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances