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(영문) 춘천지방법원 강릉지원 2018.12.07 2018고정169
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 March 29, 2017, the Defendant: (a) around March 29, 2017, set up a collateral security worth of KRW 8.2 million to the Victim KB Capital Co., Ltd.; and (b) obtained a loan of KRW 16.4 million, the Defendant acquired DYF Mysta car as a substitute debt of KRW 10 million to C (for 36 months, the repayment terms of KRW 560,482 per month).

At the time of taking over the said vehicle, the Defendant was aware of the fact that part of the installment payment C was overdue, and the Defendant did not pay the installment, and was notified that the auction procedure for the said vehicle was in progress in the event that approximately KRW 11 million was not paid from the injured party on January 2018. On May 14, 2018, the Defendant was also subject to a letter stating that “In order to execute the delivery of the said vehicle, the executive officer will do so at the Defendant’s home.”

Accordingly, on May 15, 2018, the enforcement officer E, who belongs to the Gangnam Branch Branch of the Chuncheon District Court, tried to execute the order of the delivery of the said vehicle at the Defendant’s home parking lot located in Gangnam City F, but around May 15, 2018, the Defendant concealed the said vehicle owned by the Defendant, which is the object of the victim’s company’s rights, and interfered with the victim’s exercise of rights by driving the said vehicle at around May 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to the mid- and long-term agreement on debate, the ledger of motor vehicle registration, the original copy of decision, and protocol for no delivery of motor vehicles;

1. Article 323 of the Criminal Act applicable to the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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