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(영문) 대전지방법원 2018.03.22 2017고단4622
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 April 20, 2015, the Defendant obtained loans of KRW 26,600,000 from the victim's Hyundai Capital (No. 205, May 20, 2016) (No. 13,300,000 to a limited company specialized in the securitization of ENS) in the D coffee shop near the C Park at Sejong-si, Seoul around April 20, 2015. On April 22, 2015, the Defendant created a collateral security for the above vehicle in the victim's name, which is the bond value of KRW 13,300,000.

Nevertheless, on April 2015, the Defendant borrowed KRW 5,000,000 from a non-name loaner at the end of the end and provided the above vehicle as security, thereby making it difficult for the victim to find the location of the above vehicle.

Accordingly, the defendant concealed the above vehicle which is the object of the victim's rights, thereby hindering the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A criminal investigation report (change of an agent for a criminal complaint and submission of related documents), May 12, 2017, and a criminal investigation report (a statement by G phone of an agent for a criminal complaint).

1. Register of motor vehicle registration (A), and (B);

1. A copy of the notice of transfer of claims and acceptance of entrustment, a copy of the certificate, and a copy of the contract;

1. Article 323 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the order of provisional payment reflects the instant crime, agreed with the victim, and considered as the first offender.

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