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(영문) 인천지방법원 2018.02.12 2018고정207

권리행사방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 25, 2010, the Defendant purchased B B B Soa car at the point of Hyundai Automobile Incheon, which is located in the Dong-gu Incheon Metropolitan City, Nam-gu, Incheon, and received a loan of KRW 19 million from the victim Hyundai Capital Co., Ltd., and created a collateral security under the name of the said victim company.

On March 2012, the Defendant received a loan from a lending business entity whose trade name is unknown, without paying in full the principal and interest of installment loans, and delivered the said car, and failed to repay the said loan.

The Defendant, as seen above, concealed his own goods which became the object of another person’s right, thereby hindering the victim’s exercise of the right to the right to the lower party’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of some certificates to be registered, applications for Hyundai Capital Products, notices of transfer of bonds and acceptance of entrustment, certified copies and extracts of the register of motor vehicle registration;

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;