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(영문) 대전지방법원 2018.04.20 2018고정29

권리행사방해

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 1, 2017, the Defendant was sentenced to four years of imprisonment for a crime of fraud in the Daejeon District Court's Incheon District Court's Branch, and the judgment became final and conclusive on December 15, 2017.

On February 6, 2013, the Defendant purchased CK5 car at the mutual infinite coffee shop located in Asan-si, Asan-si, concluded a loan contract with the victim Hyundai Capital Co., Ltd. with loans of KRW 31,50,000, annual interest rate of KRW 11.94, and maturity of 60 months. On February 21, 2013, the Defendant established a collateral security right of KRW 31,50,000 for the above vehicle owned by the Defendant as security for the above loan.

Since then, on June 2013, the defendant had failed to pay installment payments, left the said vehicle into the factory site near the 531-2, Alsan-si, Alsan-si, 531-2, leaving the said vehicle into the factory site, and the victim company could not confirm the location of the vehicle.

In the end, the Defendant concealed the above vehicle owned by the Defendant, which was the object of the right to collateral security of the victim company, and obstructed the exercise of the rights

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed by a limited company specializing in EPS first-class securitization;

1. An application form for motor vehicles and a register of motor vehicles;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes concerning search of cases;

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 37 of the Criminal Act: Provided, That Article 39 (1) of the same Act shall apply to concurrent crimes and exemption from punishment (the principle of equity, etc. when a defendant has received a final judgment prior to the case in which he/she was concurrently tried);