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(영문) 서울서부지방법원 2018.07.26 2018고정413
권리행사방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

On February 23, 2016, the Defendant purchased a so-called “W-to-face car” (B) from the victim’s Hyundai Capital located in Yeongdeungpo-gu Seoul City as the doctor of Yeongdeungpo-gu, Seoul. On February 23, 2016, the Defendant borrowed 9.9 million won from the victim company on the condition that 382,710 won shall be repaid monthly between 36 months and 382,710 won, and on the 24th day of the same month, the Defendant created a right to collateral security with the victim company as the one with the right to collateral value of 6.93,00 won.

Defendant 1 does not pay the principal and interest after the above loan.

5. The victim company's exercise of rights was hindered by concealing the victim company's lurburged car with money borrowed from a person in non-name in Seoul, including Seoul, in a manner that arbitrarily disposes of the victim company with the right to collateral security and makes it impossible to know his/her whereabouts.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written complaint and a written complaint;

1. Application of the provisions of Acts and subordinate statutes on the transfer of assets, loan agreement, and vehicle registration ledger;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 323 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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