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(영문) 대전지방법원 2017.01.13 2016고정1176
권리행사방해
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who serves as a pet dog salesman at the Cpet Center located in Jung-gu Seoul Metropolitan Government.

On June 18, 2015, the Defendant purchased one of the high-speed vehicles in GN 208, EB located in Seo-gu, Daejeon, Seo-gu, Daejeon, for the purpose of purchasing one vehicle from GN 208, the Defendant prepared a “contract between the victim Agrop Capital Co., Ltd. and the victim Agrop Capital Co., Ltd., with the interest rate of KRW 17,000,000, annual interest rate of KRW 21.9%, and the loan period of KRW 36 months.” On the 19th of the same month, the Defendant set up a mortgage on the collateral bond value of KRW 11,90,000 with the victim as the mortgagee.

However, the Defendant was unable to repay the installments after July 2, 2015, and the Defendant was ultimately liable for the principal of the vehicle loan amounting to KRW 22,691,440, the sum of KRW 16,661,90, and interest KRW 6,029,540.

Accordingly, on September 21, 2015, the victim was decided to commence the auction of the vehicle owned by the defendant to the Daejeon District Court H with regard to the vehicle owned by the defendant, and the execution officer entrusted with the execution of delivery by the injured party was found at the defendant's domicile on October 15, 2015, but the defendant intentionally concealed the above vehicle and interfered with the victim's exercise of rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a copy of an application for a book to be entered into the second second or second second or second or secondhand, a copy of a contract to be entered into the second or secondhand, a certificate of personal seal impression (A), a copy or abstract of the register of automobile registration (A), a copy or abstract of the decision (H car voluntary auction), a copy of the peremptory notice to exercise the right of mortgage, a copy of the domestic or parcel-post inquiry note, and

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant does not fully repay a loan to the victim only once after the defendant repaid the loan to the victim, and the decision to commence an auction on the vehicle has been revoked and the request for auction has been dismissed.

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