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(영문) 서울북부지방법원 2018.10.18 2018고정756

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On December 27, 2012, the Defendant entered into an agreement with the Hyundai Capital Co., Ltd. and the Hyundai Capital Co., Ltd. to pay for the purchase of the freight Class C in the Hyundai Capital Office in accordance with the intention of Yeongdeungpo-gu Seoul Metropolitan Government. The terms and conditions were the principal amount of KRW 13,90,00,000 per month, interest amount of KRW 34,00 per month, and the terms and conditions for the redemption of principal and interest amount of KRW 34,00 per month were the condition for the free repayment of principal and interest amount of KRW 32 months, and Hyundai Capital Co., Ltd. established a collateral security on the same day.

However, the Defendant failed to pay the principal and interest of the installment from January 2014, and around May 20, 2016, the Defendant received a request for the return of cargo cars from the company E.S. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E. E.S. to sell the said cargo cars on and around September 18, 2017. However, even though the Defendant failed to reside on his resident registration and failed to avoid contact with the employees of the Defendant, or to inform the specific location of the said cargo cars, and concealed the cargo cars by not notifying the Defendant of the location of the cargo cars.

Accordingly, the defendant concealed cargo vehicles 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. Legal statement of the witness D;

1. Complaint;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes reporting investigation results;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;