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(영문) 의정부지방법원 2018.04.24 2018고정485

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 23, 2015, the Defendant purchased 17,000,000 won from KB Capital Co., Ltd., Ltd., which is a victim company, and entered into an agreement on installment financing between May 1, 2015 and April 1, 2018, to pay KRW 605,250 (16.9% per annum) monthly between May 1, 2015 and April 1, 2018 with respect to the above vehicles, and set up a collateral security agreement in the name of the victim company to pay KRW 8,50,000,000,000 of the above loans to the above vehicles.

However, the Defendant, on July 1, 2016, failed to repay a loan after the lapse of July 1, 2016, thereby allowing C, a third party, to operate a vehicle at will, even though the Defendant requested C to deliver the said vehicle for the exercise of mortgage rights.

In order to avoid contact with the victim or deliver the vehicle without informing the location of the vehicle.

By making it impossible for the victim company to grasp the location of the said vehicle by way of not complying with the promise, it was prevented from exercising the rights of the victim company by concealing the objects which became the object of the mortgage of the victim company.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. The chief of a complaint, a request for a middle and high-ranking debate, a judgment of the District Court, a ledger of vehicle registration (A, B), some certificates of matters registered by each legal entity, a written statement in D, a certificate of debt balance, an investigation report (a vehicle operator C-investigation case), and a photograph;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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;