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(영문) 서울중앙지방법원 2013.08.19 2013고정2037

권리행사방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 11, 2010, the Defendant entered into a written undertaking to perform the repayment of principal and interest, stating that “In the event that the principal and interest of an automobile is in arrears for not less than one month, the Defendant shall immediately deliver the automobile to you,” and on August 12, 2010, registered the transfer of ownership in the name of the Defendant with respect to the above ASEAN-dong 1494-602 on the same day as the mortgagee (ju), Solomon mutual savings bank, 1801,840 won on a monthly loan from the victim (ju), solomon mutual savings bank, and agreed to pay in installments for 36 months each month.” On August 12, 2010, the Defendant registered the transfer of ownership in the name of the Defendant with respect to the above ASEAN-dong vehicle, and registered the mortgage amount of KRW 43,000,000 on the same day.

After that, in the event that the Defendant paid nine-minutes of installments and did not pay the remainder of installments, the Defendant handed over the above Ameri vehicle to C as collateral for the debt of KRW 19 million on March 201, and C transferred the above Ameri vehicle to D with the consent of the Defendant in order to obtain a loan of KRW 19 million from the lender D, and it was impossible or significantly difficult to discover the location of the said Ameri vehicle by delivering the said Ameri vehicle as collateral with D.

Accordingly, the defendant concealed the defendant's above e-didi vehicle which was the object of the mortgage of the victim (ju), Solomon Mutual Savings Bank, and obstructed the victim's exercise of rights.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement of E;

1. A loan agreement for automobile purchase funds;

1. Application of the register of automobiles statutes

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;