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(영문) 수원지방법원 성남지원 2017.09.28 2017고단1758

권리행사방해

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On March 3, 2014, the Defendant purchased the Defendant’s Hyundai Capital Co., Ltd. and Bbebee crui in a set of KRW 30,000,000,000,000 in advance, and agreed to pay the remainder KRW 29,000 in advance for 36 months, and on the same day, the Defendant created a mortgage on the claim value of KRW 29,000,000 in the name of the victim company for the said motor vehicle.

On October 2014, the Defendant was unable to pay the first patrol money, and the Defendant transferred the said vehicle without compensation to the person who was in a name (hereinafter referred to as “C”) on the condition that the said vehicle was replaced by the installment payment, and the said vehicle became unknown.

Accordingly, the defendant concealed a motor vehicle which is the object of the victim's right and obstructed the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Application of statutes, such as a copy of contract;

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. The criminal records of the defendant, the circumstances leading up to the crime of this case, and the degree of damage recovery, etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order