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(영문) 대구지방법원 2015.01.16 2014고단3280

권리행사방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around June 29, 2012, the Defendant purchased one vehicle from Changju Co., Ltd., Ltd. located in 108-9, Gangnam-gu, Seoul, Gangnam-gu, 108-9, Gangnam-gu Automobile Trading Complex A-124, and agreed not to arbitrarily dispose of the vehicle, such as transfer, lease, and pledge, without the consent of the victim, until he/she fully performs his/her monetary obligation under the installment financing agreement, by obtaining a loan of KRW 26,00,000 from the victim Pream Capital Co., Ltd. to pay KRW 1,046,170 each month at the interest rate of 25.9% per annum, and by making an installment financing agreement with the victim to pay KRW 1,046,170 each month at the interest rate of 36 months.

7.3.A mortgage for the amount of 18,200,000 won on the above vehicle was created by the mortgagee as the injured party.

The Defendant, on January 2014, delivered the said vehicle to the Defendant’s partner, whose name cannot be known before the Defendant’s home located in the Daegu Suwon-gu Suwon-gu, Daegu-gu, on the condition that the Defendant paid six-month installments to the victim and did not pay the balance totaling KRW 25,311,283, and obstructed the victim’s exercise of rights by concealing the vehicle that was the object of the victim’s mortgage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Automobile register;

1. An application for loans for motor vehicle purchase;

1. Application of Acts and subordinate statutes to the records of interviews, the details of currencies, and the details of receipt of principal and interest on circular discrimination

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 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;