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(영문) 수원지방법원 평택지원 2017.03.29 2016고정522

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

The Defendant, around October 13, 2014, was affiliated with the Vienna Capital Co., Ltd. (hereinafter “ Vienna Capital”), located at 73 U.S. Dok Dok Dok Dok Dok Dok Dok-si, Eup around 13, 2014. However, from installment financing, the Defendant agreed to repay KRW 1,076,266, which included interest on the principal of 15th day every month for 36 months on condition that mortgage was set up by 70% on BMW motor vehicles, and was the owner of the said vehicle with loans of KRW 29,00,000 from the Vienna Capital to the sum of KRW 36 months.

On June 3, 2015, the Defendant issued a written notice of loss of benefit during the period of time to June 3, 2015, when the Defendant continued to pay KRW 3,269,643, including the principal and interest of the loan, in total.

Therefore, the Defendant did not deliver the BMW car owned by the Defendant, the object of which was the right of the Viench Capital, despite being aware of the fact that it should be handed over to the Viench Capital, and without delivering it, the Defendant offered and concealed the said car to a third party as a collateral for personal loans of eight million won around July 2015, thereby hindering the exercise of the right of the Viench Capital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. An agreement on non-financial and erroneous debate (application) to be concluded;

1. Inquiries about the details of request/receiving;

1. A notice of overdue loss;

1. Statement of impossibility of delivering an automobile;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 323 of the Criminal Act concerning the crime;

1. Selection of an alternative fine for punishment;

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;