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(영문) 대구지방법원 2017.12.15 2017고정1907

권리행사방해

Text

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

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

Reasons

Punishment of the crime

On January 27, 2014, the Defendant purchased CM5 vehicles in the name of the Defendant in the middle and high trade transaction located in Daegu, and received a loan of KRW 10 million from Hyundai Capital Co., Ltd., and on January 29, 2014, the Defendant established a right to collateral security in the name of the victim on the said vehicle.

On January 10, 2017, the Defendant rejected the Defendant’s request for the return of the motor vehicle from the victim EchiS No. 1 Co., Ltd., which received the said claim at the Daegu or does not exceed Daegu, and concealed it by means of not returning.

In this respect, the defendant concealed goods that were the object of the victim company's rights and obstructed the exercise of rights by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by a complainant agent;

1. Application of Acts and subordinate statutes of the accusation (limited company specialized in EPS No. 1) and the details of claims, information on claims inside and outside of the examination, application form for the loan of modern capital loan, notice of assignment of claims, verification of the contents thereof, agreement on asset transfer, sale certificate, and ledger of automobile registration;

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;