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(영문) 인천지방법원 부천지원 2018.07.18 2018고정405

권리행사방해

Text

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

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

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

On July 3, 2014, the Defendant: (a) purchased Drocketing vehicles in Seocheon-gu, Seocheon-si; (b) applied for installment financing of vehicle purchase funds to Hyundai Capital Co., Ltd.; and (c) entered into installment financing and loan agreements to repay KRW 738,542 per month by applying the annual interest rate of 19.9% for the principal and interest of KRW 19,90,000,000 to the loan principal in equal repayment method; and (d) set up a collateral security to Hyundai Capital Co., Ltd. with a claim value of KRW 19,90,000 for the said vehicle.

Since then, a limited company specialized in the first securitization of the victim HS succeeded to claims, including collateral security, from Hyundai Capital Co., Ltd.

Therefore, until the purpose of the above right to collateral security is realized such as full payment of the above installment amount, the defendant must preserve and manage this car which is the object of the right to collateral security for the victim and deliver the vehicle at the time of overdue payment.

On October 2014, the Defendant loaned KRW 3 million to a mutual influent loan business entity at an influent place and offered the said car as a collateral, despite the fact that the Defendant repaid the loan or returned the motor vehicle, which is a security, due to the loss of the benefit of the loan.

Accordingly, the defendant concealed a passenger car that is the object of the victim's security, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a loan application, motor vehicle registration certificate, notification of transfer of claims and acceptance of claims, peremptory notice of the exercise of rights to collateral security, notification of transfer of claims, register of motor vehicle registration, and transfer of assets

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.