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(영문) 대구지방법원 포항지원 2018.04.04 2018고정66
권리행사방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On July 16, 2017, the Defendant entered into an agreement for installment financing on the condition that the Defendant would pay for 48 months each month from the HK Savings Bank to the damaged person (state) in purchasing BB MKX car in the present C&C at the time of 126,406, the upper day of Seocheon-si, Gyeonggi-do (State), and set up a collateral security right of KRW 10 million with the victim as the right holder of the right to collateral on the 28th day of the same month.

Nevertheless, the defendant did not pay a single installment, and the victim demanded the return of the above vehicle to the defendant for the exercise of the security right, but did not comply with it, and concealed the above vehicle in a non-place.

Accordingly, the defendant concealed his own property which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Complaint;

1. Application of an agreement on application for debate, and the Acts and subordinate statutes of the Automobile Registration Register;

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

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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