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(영문) 수원지방법원 안산지원 2018.03.21 2018고정77

권리행사방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of B rocketing Hashed Hashed car.

On November 26, 2013, the Defendant purchased the above vehicle at KRW 28,00,000 in the vicinity of the Dongdong-dong, Ansan-si, the Defendant borrowed KRW 28,000,000 from the victim Hyundai Capital Co., Ltd. and decided to repay KRW 566,40 per month between 60 months to the said company, and the said company set up a collateral security right at KRW 28,00,000 for the said vehicle as a mortgagee.

However, on June 2015, the Defendant borrowed KRW 4,00,000 from a person who has established a right to collateral security against the above vehicle as collateral without the consent of the above company, and delivered the above vehicle to the above person under his name, and made it impossible for the victim to know the whereabouts of the above vehicle.

Accordingly, the defendant concealed the location of the car owned by the defendant, which was the object of another person's right, so that it can not be confirmed, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal complaint and a supplementary statement;

1. Application form for installment;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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.