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(영문) 춘천지방법원 원주지원 2018.07.19 2018고단596

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On June 2, 2017, the Defendant borrowed KRW 60,000,000 from the Victim Capital Co., Ltd. in order to purchase a cub car to C at a cubic place. On the first month, the Defendant agreed to repay the said cubic amount in installments at KRW 1,809,724 and KRW 1,487,930 each month thereafter, and set up a right to collateral security against the said car as the obligee.

Although the Defendant had been in arrears with the repayment of the above loan from January 14, 2018, the Defendant transferred possession to D while offering the said car as security at the apartment parking lot located in the Dobong-dong, Young-gu, Seoul Special Metropolitan City around January 2, 2018, and prevented the damaged company from executing a voluntary auction for the said car, thereby concealing the Defendant’s goods that served as the object of the rights of the victimized company, thereby hindering the Defendant’s exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the complainant's written statement, loan statement, second and second written application form, certified copy or abstract of the Motor Vehicle Registration Register, peremptory notice to exercise the right to collateral on motor vehicle, decision on voluntary auction, protocol of impossibility of delivery of motor vehicle, record of receipt of principal and interest on disposable discrimination;

1. Relevant legal provisions concerning criminal facts, Article 323 of the Criminal Act selection of punishment, and selection of fines (see, e.g., crimes committed during the period of probation, or crimes committed during the period of probation, or the fact that the victimized company has expressed its intention not to punish, or that there was no criminal record of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;