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(영문) 서울북부지방법원 2017.07.20 2016고정2115

권리행사방해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 27, 2015, the Defendant borrowed KRW 5,00,00 from the Plaintiff’s Hyundai Capital Co., Ltd. at the Defendant’s residence, and promised to pay the loan principal for 185,564 each 36 months on the 20th day of each month, at around January 27, 2015, and at the same time, set up a mortgage in the name of the victim as to the D class freight vehicle owned by the Defendant.

Nevertheless, until June 23, 2015, the Defendant paid five minutes out of the above loan doctrine and did not pay the loan doctrine more. Accordingly, the victim started the voluntary auction procedure on the ground of the mortgage established on the said automobile, and accordingly, the Seoul Northern District Court E auction and the decision of seizure of the automobile was rendered on October 2, 2015.

At around 08:00 on December 1, 2015, the Defendant heard from F of the staff of the victim company that was tracking the said vehicle to execute the attachment of the said vehicle on the road front of the above Defendant’s residence, based on the above court decision, the Defendant was unable to identify the location of the said vehicle by driving the said vehicle and leaving it to an influence place.

Accordingly, the defendant has obstructed the exercise of rights by concealing objects which are the objects of the mortgage, which is the victim's right.

Summary of Evidence

1. Legal statement of witness F;

1. Details of loan application and list of claim details;

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes to the Seoul Northern District Court Decision and protocol of impossibility of delivering motor vehicles;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

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;