권리행사방해
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 7, 2013, the Defendant purchased DST3 passenger cars at the Hano Samsung Samsung Motor C’s agency located in Daejeon Sung-gu, Daejeon. On January 7, 2013, the Defendant borrowed KRW 17,878,000 from Korea Co., Ltd., Ltd. (hereinafter “victim Co., Ltd”).
In accordance with the above installment financing agreement, the Defendant agreed to repay the loans of KRW 319,065 each month between 36 months and the 36 months following the said installment financing agreement, and offered the victim company a mortgage on the maximum amount of KRW 8,800,000 to the said car.
On January 10, 2013, according to the above installment financing agreement, the registration of ownership in the name of the defendant and the registration of the establishment of mortgage on the victim company was completed respectively.
From February 5, 2013 to February 4, 2015, the Defendant delayed payment of approximately KRW 7,650,000 in total, and even if the Defendant received a request for return of a motor vehicle based on a voluntary auction decision from an employee belonging to the victim company on June 2015, the Defendant concealed the said motor vehicle by borrowing money from E and transferring it as security.
As above, the Defendant concealed his own property which was the object of the mortgage of the victim company, thereby obstructing the exercise of the right to exercise the mortgage of the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. The installment financing and loan agreement to be made;
1. Text of decision;
1. Application of Acts and subordinate statutes to the protocol of impossibility of delivering automobiles;
1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;
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;