권리행사방해
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 24, 2015, the Defendant: (a) agreed on the method of installment repayment of the principal and interest of KRW 908,276 each month with a loan of KRW 29,90,000,000 owned by the Defendant for KRW 19.9% on a yearly interest rate of KRW 29,90,000; and (b) agreed on the method of installment repayment of the principal and interest of KRW 14,950,000 out of the loan, and purchased a collateral security on KRW 14,950,00.
The Defendant, while repaying the installment payments after the purchase, was unable to repay the above loan from May 19, 2017, and the victim, who received the claim from B Capital, demanded the return of the vehicle due to the loss of the benefit of time, was concealed in a way that makes it unclear the location of the above vehicle which became the object of the right, thereby hindering the victim’s legitimate exercise of rights.
The Defendant, who transferred the instant vehicle to D, claimed that D had no intention to conceal the instant vehicle since D concealed the vehicle without returning the said vehicle to the Defendant.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, (1) A sent the instant vehicle to E upon the request of the Defendant at an investigative agency, and (2) A gave the Defendant a loan of KRW 9 million thereafter, and thereafter, D intentionally concealed or stated that the said vehicle was not returned from E, and (2) E also E/Do, which received the instant vehicle from D as collateral and borrowed KRW 9 million to the Defendant, provided that “the Defendant would recover the vehicle from full payment of KRW 9 million. If the Defendant returned money to the present, the Defendant would return the instant vehicle.” (3) At present, D is not D, but D, and E would have lent the said vehicle to the Defendant, not D, as collateral.