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(영문) 수원지방법원 안산지원 2016.09.22 2016고단1684

권리행사방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2014, the Defendant purchased BST5 car at the Youngwon-si, Youngwon-si, a business office in Youngwon-si, 1521, and received a loan from the victim Alhovah's Social Services Korea Co., Ltd., the Defendant agreed to pay 10,340,000 won out of the loan to 48 months in installments and pay 9,660,000 won on the remaining 9,000 won on the fixed date. The Defendant set up a mortgage on the said car with the victim as a mortgagee.

Nevertheless, the Defendant paid KRW 934,976 only and delayed the payment of the remainder of the installments on March 2014, the Defendant provided the said car with the mortgage in C 105 at the time of the Gyeonggi-do economy as a collateral by obtaining a loan from an bonds company with the name of the non-name and thus making it impossible to identify the location of the car.

Accordingly, the defendant concealed the goods of the defendant, which is the object of the victim's right, and interfered with the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes in which installment financing, loan agreement, and deposit status of loans are entered;

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.