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(영문) 수원지방법원 성남지원 2018.11.23 2018고정1014

권리행사방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 13, 2013, the Defendant purchased CMW735 vehicles in the automobile trading complex located in the Seo-gu, Seo-gu, Seo-gu, Seoul, and agreed to pay 15.4% interest for 36 months from the victim's Hyundai Capital Co., Ltd. in obtaining a loan of 15.4 million won, and created a mortgage on the said vehicle in the victim's name.

Although the Defendant faithfully manages the instant vehicle so that the injured party may exercise his right before full payment of the installment on the instant vehicle, the Defendant offered the instant vehicle as collateral and offered the said vehicle as collateral to the non-standing credit service provider in front of the agricultural and fishery products market located in the Taedong-dong in the Taedong-dong in the Gyeongdong-dong in the Gyeongdong-dong, the Defendant could not exercise the mortgage established on the vehicle.

Accordingly, the defendant concealed the above vehicle owned by the defendant, which was the object of the victim's mortgage, and interfered with the exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the register of motor vehicles to accusations, contracts for acquisition of assets, notices of transfer of claims, requests for heavy installments, and registers of motor vehicles;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order shall be reduced in part by taking into account the following factors: (a) the Defendant confessions and reflects the instant crime in this Court; (b) some of the circumstances may be taken into account; and (c) the Defendant has no criminal record of the same kind;