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(영문) 서울중앙지방법원 2020.03.18 2018고단8704

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant: (a) prepared an agreement on the agreement with the said victim at the Gangnam Branch of the Victim C Co., Ltd. located in the second floor of Seongdong-gu Seoul, Seongdong-gu; (b) borrowed KRW 188 million from the said victim; (c) purchased one unit for the said vehicle on the 14th day of the same month; and (d) set up a right to collateral security of KRW 15 million against the said vehicle on the 15th day of the same month.

However, the Defendant paid KRW 353,918, monthly installments up to November 13, 2017 to the victim up to the fifth, and did not pay the victim more than the fifth, and the victim was issued a decision to commence a voluntary auction on the said vehicle due to the case of Suwon District Court Sungnam Branch E (Seoul District Court) in order to implement the said right to collateral security.

Nevertheless, the Defendant concealed the said vehicle without returning the said vehicle to the victim, making it difficult to detect the said vehicle, which is a mortgaged object, and thereby interfered with the legitimate exercise of rights by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on complaint;

1. Investigation report ( telephone conversations between a complainant and his agent);

1. An investigation report (a report on confirmation related to the delivery of main and semi-motor vehicles);

1. Investigation report (verification of whether installment payments are paid and vehicles are returned);

1. Investigation report (to telephone conversations on the suspect G and the complainant C);

1. Investigation report (vehicle register and notification disposition, fine for negligence, and result of unmanned control inquiry);

1. Automobile register;

1. D motor vehicle registration certificate;

1. The new agreement of reduction or exemption;

1. Terms and conditions;

1. Written decision on the auction of the vehicle E in support of the Sungnam District Act; and

1. Application of Acts and subordinate statutes concerning details of transactions sent to A by suspect A;

1. Article 323 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant for the reason of sentencing of the provisional payment order shall not be able to ascertain the location of the vehicle of this case, which is the object of the victim's right, and the crime is not good in that it obstructs the exercise of mortgage by the victim