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(영문) 서울남부지방법원 2017.11.22 2017고정834

권리행사방해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 14, 2013, the Defendant agreed to pay 17,800,000 won per month until May 15, 2016 among Hyundai Capital Capital Co., Ltd. and 18,750,000 won of purchase price of vehicles, and set up a right to collateral security in the name of Hyundai Capital Co., Ltd. with respect to automobiles.

Nevertheless, on August 27, 2014, the Defendant paid only 11 minutes of the installment, and did not pay the remainder of the installment, and received KRW 6,000,000 from C at will and disposed of at will a passenger car at around August 27, 2014, so that the Defendant could not know the location of the passenger car.

Accordingly, the Defendant concealed his own property which was the object of the right to collateral security of the victim, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application for installment loan, details of transaction, and original register of automobile registration;

1. Notice of transfer of claims and acceptance of entrustment;

1. A supplementary statement and a statement of complaints filed in connection with the preparation of D;

1. Application of Acts and subordinate statutes concerning acquisition by transfer;

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

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;