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(영문) 수원지방법원 2020.06.18 2020고정227

권리행사방해

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On July 5, 2018, the Defendant purchased BSF cars from the used cars selling company located in Suwon-si, and took out loans from the victim C Co., Ltd. to cover KRW 25,000,000 on equal terms of repayment of principal and interest of KRW 36 months, interest 10.9%, monthly 817,284.

Vehicles purchased by the defendant shall not interfere with the exercise of rights by selling or concealing vehicles until the full payment of loans is made, as they are the object of C's rights.

Nevertheless, the Defendant made a 11-time deposit of the loan and delayed payment of the loan obligation, thereby losing the benefit of time. On June 2019, the Defendant borrowed KRW 6 million from the credit service provider on his name and omitted, and issued a certificate of seal impression and a certified copy for the sale of the vehicle without the consent of the victim company, and concealed the vehicle by providing the vehicle as security.

Accordingly, the defendant interfered with the exercise of rights by the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. An application for a medium and long debate;

1. Automobile register;

1. Text of decision;

1. Application of the Acts and subordinate statutes on the commercial rent of motor vehicles;

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. In light of the nature of the crime of this case and whether the damage was restored, etc. on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order against the defendant cannot be deemed to be imposed.