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(영문) 수원지방법원 성남지원 2018.08.31 2018고정198
권리행사방해
Text

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

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

Reasons

Punishment of the crime

On August 30, 2013, the Defendant purchased one passenger car in CK5 under the Defendant’s name, and received loans of KRW 29,70,000,00, and agreed to repay KRW 915,692 per month between 36 months, and concluded a collective security agreement with the Defendant, the mortgagee, the victim, and the claim value of the said car at KRW 29,70,000 with respect to the said car.

Nevertheless, on October 19, 2016, the Defendant received part of the profits from the construction business that he/she proceeds from, and delivered the said car, thereby making it impossible to grasp the location of the Defendant.

Accordingly, the Defendant concealed the car owned by the Defendant, which is the object of the victim’s right to collateral security, and obstructed the victim’s right to collateral security.

Summary of Evidence

1. Partial statement of the defendant;

1. A criminal complaint and a supplementary statement;

1. Application of Acts and subordinate statutes concerning the ledger of registration of automobiles to modern capital applications;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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