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(영문) 대구지방법원 2017.10.27 2017고정1736
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

The defendant is the owner of the BM5 car volume.

On November 19, 2010, the Defendant: (a) purchased the said vehicle at the D Used Vehicle Sales Store located in Suwon-si D, Suwon-si; (b) obtained the Hyundai Capital Co., Ltd. loan; and (c) obtained the mortgage at the bond value of KRW 15 million on the same day; and (d) caused the Hyundai Capital Co., Ltd. to establish the said vehicle by the mortgagee.

The Defendant paid the monthly installments between November 19, 2010 and October 25, 2013 to Hyundai Capital Co., Ltd., the Defendant paid only KRW 6,732,829,00,000 as to the monthly installments between 36 months from the date of the installment loan agreement, and at the same time there remain remaining amounts equivalent to KRW 8,267,171 as to the principal of the loan, the Defendant received a loan from the non-name-based bond business operator at a non-name-based place at the end of July 2012 and concealed the loan by offering the above vehicle as security, thereby hindering the Defendant’s exercise of rights on the mortgaged property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the preparation of E ( complainants' agents);

1. Application of Acts and subordinate statutes to the accusation (limited company specialized in EPS first-class securitization), contract, etc. on acquisition of assets, proved mail, content-certified mail, mail verifying the contents of the contract (the highest place of delivery of secured vehicle), examination table, information inside and outside the examination table, application form for goods, application form for loans to purchase second-class vehicles, registration certificate, automobile registration ledger (A), automobile registration ledger, and ledger of automobile registration (B);

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;

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