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(영문) 대전지방법원 2018.11.23 2018고정744
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 November 29, 2013, when the Defendant purchased C investment vehicle, the Defendant borrowed KRW 23 million from the victim Hyundai Capital Co., Ltd. on November 29, 2013, and the loan was set at 7.9% per annum for 60 months to be repaid each month in the equal manner of principal and interest repayment. After the loan was executed, the Defendant set up a mortgage on the said vehicle as the mortgagee on December 2, 2013.

However, in early 2014, the Defendant borrowed money from a credit service provider, and prevented a victim from discovering the above vehicle, thereby hindering the victim from exercising the mortgage right.

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. A supplementary statement of complaints filed in D;

1. Application of a new written application for installment, a certified copy or abstract of the motor vehicle registration ledger (B), or a peremptory notice to the exercise of a right to collateral security for motor vehicles;

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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