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(영문) 부산지방법원 2017.05.23 2015고정4727

권리행사방해

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, when purchasing B rocketing Hybrid motor vehicle around August 12, 2014, took out a loan of KRW 21 million from the victim Mept Capital Co., Ltd at the interest rate of 18.9% per annum from September 15, 2014 to August 15, 2018 by means of equal installment repayment of principal and interest to pay KRW 665,759 each month from September 15, 2014, and took out a loan of KRW 665,759 each month from August 15, 2018, to secure the relevant loan around August 14, 2014. However, the Defendant established a collateral security right on the said motor vehicle to secure the relevant loan, but did not pay KRW 1,306,017 each two installments thereafter, and did not repay the remainder at all.

Nevertheless, on August 2014, the Defendant provided the above vehicle as security and transferred it to the Defendant, which became impossible or considerably difficult for the Victim Company to perform the security of the said vehicle, while obtaining a loan of KRW 6,300,00 from “D” from “D” in Suwon-gu, Busan, and 607.

Accordingly, the defendant concealed goods that were the object of another person's right and obstructed the exercise of another person's right.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Complaint;

1. An application for heavy loan;

1. A vehicle acquisition certificate;

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