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(영문) 서울동부지방법원 2017.08.30 2017고정777

권리행사방해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 13, 2011, the Defendant: (a) purchased a passenger car at a used car sale shop in Gangnam-gu Seoul, Seoul; (b) agreed to pay KRW 25,000,000 each month from the Victim K Circuit Co., Ltd. for 36 months; and (c) agreed to pay KRW 927,816 each month; and (d) decided to set up a mortgage on the said car as security for the said obligation to the victim.

However, on November 2014, the Defendant provided the same car as security to the non-registered bond company in the name of the Defendant who did not repay the loan to the lender, so it is impossible to grasp its location.

Accordingly, the defendant concealed the goods owned by the defendant, which are the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing the assignment of claims, such as a written installment contract;

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;