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(영문) 수원지방법원 성남지원 2018.01.11 2017고정1704
권리행사방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant borrowed KRW 17,600,000 per annum from the victim BNK Capital Co., Ltd. to pay off interest and principal of KRW 1.29% per annum for every 36 months, and around that time, registered the said car in the name of the Defendant and set up a mortgage on the victim.

On September 2015, the Defendant borrowed KRW 6,00,000 from a credit service provider in the name of the Defendant, and offered the said car as security, and delivered it to the person in the name of the Defendant, thereby hindering the victim’s exercise of rights by concealing property owned by the Defendant, which is the object of the victim’s right.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on impossibility of delivery of automobiles, and applications for installment financing and erroneous discussions;

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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