beta
(영문) 대구지방법원 2016.11.09 2016고정1966

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

On October 11, 2010, the Defendant purchased D Alba-do car at C office located in Daegu-gu, Daegu-gu, and entered into a loan agreement with the victim social company and loans of KRW 40,000,000,000, monthly from October 14, 2010 to October 15, 2013 to pay KRW 1,215,065 on 36 occasions each month, and set up a collateral security right with the secured amount of KRW 8 million on the said vehicle.

The Defendant paid a total amount of KRW 15 times, KRW 15,707,383, and paid an installment from January 15, 2012, and transferred the said vehicle to a person whose name is unknown at a place where the family border is unknown, as the repayment of his/her obligation, and made it impossible for the victim to know the location of the said vehicle.

Accordingly, the defendant concealed the defendant's goods, which are the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to new agreement of installment financing, copy of content certificate, register of automobiles and detailed statement of payment transaction of loans;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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