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(영문) 의정부지방법원 고양지원 2017.09.07 2017고정833

권리행사방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 15, 2012, the Defendant purchased -124 C in Gangnam-gu, Seoul, and received a loan of 8 million won as collateral, and paid 333,073 won per month for 36 months. However, until January 8, 2013, the Defendant paid 3,579,046 won over 10 times including principal and interest, and did not pay the remainder principal amount of 6,040,111 won.

On October 7, 2016, when E, a complainant who operates a D Co., Ltd. entrusted with the above bonds, could not pay the installment, the Defendant sent a certificate of particulars to return the vehicle, but the Defendant, without good cause, concealed the vehicle into an unclaimed land and interfered with the exercise of rights by the complainant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Application of Acts and subordinate statutes on notification of transfer of claims, asset sale contract, application for second installment loan, registration certificate, content verification, and automobile mortgage creation contract;

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;