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(영문) 서울중앙지방법원 2017.10.26 2017고단3012
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

Punishment of the crime

On December 30, 2014, the Defendant: (a) purchased one set of CA car on December 30, 2014; (b) borrowed KRW 22,900,000 from a non-us Capital Co., Ltd. with a condition that the victim redeems KRW 378,439 each month between 72 months; and (c) set up a collateral security interest of KRW 17,80,000 for the said vehicle as security to the victim.

The Defendant paid a total of KRW 9,095,800 in installments over 24 occasions, and was notified that the automobile auction procedure was in progress by D, who is an employee of the victim company, around March 13, 2017, and received a demand from D to pay in installments several times around that time.

On March 28, 2017, around 10:0, the Seoul Central District Court E enforcement officer of the Seoul Central District Court, and the defendant's house parking lot located in the Dongjak-gu Seoul Metropolitan Government F, attempted to execute the above vehicle in compliance with the order of delivery of the vehicle, but the defendant concealed the above vehicle owned by the defendant who was the object of the victim's right by moving the above vehicle to a non-place, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A copy of the application for installment financing, copy of the agreement on installment financing of automobiles, and the original register of automobile registration [the defendant and defense counsel] [the defendant and defense counsel did not have the awareness that the execution officer was at the executing stage of the mortgage, and did not conceal it as they did not work normally, and they did not normally use a motor vehicle even thereafter

DaNN

The crime of interference with the exercise of rights under Article 323 of the Criminal Act is established by interfering with the exercise of rights by taking, concealing, or destroying special media records, such as its own goods or electronic records, which are the object of possession or right of another

Here, the term "discidation" is impossible or considerably difficult to detect the location of one's own goods, etc. which is the object of possession or right of another person.

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