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(영문) 대구지방법원 2014.06.27 2014고정1236
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Daegu District Court for fraud, which became final and conclusive on November 1, 2013.

Around January 7, 2013, the Defendant purchased B B B Benz (S350L) from the Daegu Dong-gu, Daegu-dong District, 109, and concluded a installment financing contract with the victim Han Capital Co., Ltd. to obtain a loan of KRW 49,000,000 per annum to pay 1,546,450 won per annum 22.1% per annum until all monetary obligations under the installment financing agreement are performed, and set up a mortgage on the said vehicle with the mortgagee’s claim amount of KRW 14,70,000,000 per annum.

Around October 21, 2013, the Defendant paid five-month installments to the victim and did not pay the balance totaling KRW 41,267,750, but, on the other hand, the Defendant offered and delivered the said vehicle as security and the location of the vehicle could not be known.

In this way, the defendant concealed the vehicle which is the object of the victim's mortgage and obstructed the victim's exercise of rights.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previouss before and after judgment: Unauthorized statements and results of confirmation, and application of Acts and subordinate statutes of the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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