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(영문) 수원지방법원 2018.09.20 2018고정549
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant purchased cruise E-car at D agencies located in Suwon-si, Suwon-si, and took out a loan of KRW 19,100,000 with an agreement on the installment repayment of principal and interest between 60 months from Athi Capital Co., Ltd. (hereinafter “victim Co., Ltd.”) from the damaged party, and on December 1, 2014, the Defendant established a collateral security right to the said passenger car as the victim, and the secured debt as the secured loan.

When Defendant 1 paid a monthly repayment for the above loan obligation, on August 26, 2016, he left the said car at a non-permanent place, not in the address of Defendant 1’s resident registration or in the said loan agreement, but in the address of Defendant 1’s resident registration or in the original register of vehicle registration. Defendant 1 was demanded to return the said car by the victim company around October 2016, and it was impossible for the victim company to find out the location of the said car because Defendant 1 did not inform the victim of the location of the above car and failed to perform compulsory execution on the ground of the said loan obligation on the ground of the non-performance of the above loan obligation from the victim company on November 26, 2016. However, the victim company failed to obtain a voluntary decision on November 1, 2016 from the Defendant’s resident registration address.

Accordingly, the Defendant concealed the car owned by the Defendant, which was the object of the rights of the victim company, thereby hindering the exercise of the right to collateral security by the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment Act;

1. The Criminal Act to attract a workhouse;

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