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(영문) 수원지방법원 평택지원 2015.04.30 2015고정222

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On November 21, 2013, the Defendant purchased the franchise motor vehicle, and received KRW 12 million from the complainant Aju Capital Co., Ltd. by means of equal installments of principal and interest for 36 months, and established a right to collateral security on the said motor vehicle. However, even though the Defendant paid KRW 4,025,357 to September 2, 2014 the principal and interest during the period from January 2, 2014 to September 2, 2014 and did not repay the remainder of the loans, on April 04, 2014, the Defendant concealed the foregoing secured motor vehicle stored in Pyeongtaek-si, the Defendant’s domicile, from the lending business entity whose mutual uncertainty is not known so that the complainant may not recover.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the complaint, complaint, application for debate, agreement on mistake, details of receipt of principal and interest of disposable discrimination, protocol of non-delivery of motor vehicles, receipt certificate, decision and register of motor vehicle;

1. Relevant Article 323 of the Criminal Act and Article 323 of the Criminal Act concerning the crime, the choice of fines;

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;