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(영문) 대전지방법원 서산지원 2017.08.11 2017고정123
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On July 9, 2013, the Defendant, between Hyundai Capital Co., Ltd. and Hyundai Capital Co., Ltd., created an automobile installment contract with the loan amounting to KRW 18 million, the due date of the loan was July 25, 2016. On July 10, 2013, the Defendant transferred the above vehicle to another person on his/her own name and transferred it to another person on July 11, 2013, and created a mortgage over the foregoing vehicle as a mortgagee and the claim amounting to KRW 9 million.

Nevertheless, on January 2014, the Defendant borrowed 550,000 won from the needy person on the roads near the C hotel located in the Daegu Suwon-gu, and provided it to the needy person as security, making it difficult to find the vehicle.

In this respect, the defendant concealed his own property which was the object of another person's right, thereby hindering another person's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a motor vehicle registration ledger, certification of contents, closure photographs to collect claims, notification of transfer of claims, and notification of acceptance of entrustment;

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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