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(영문) 울산지방법원 2015.05.21 2015고정456
권리행사방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2012, the Defendant: (a) purchased the C Bodyman vehicle in Ulsan-gu, Ulsan-gu; (b) entered into a contract with the Victim Capital Co., Ltd. to pay 32,750,000 won in installments for 36 months; and (c) set up a collateral security amount of KRW 16,375,000 as a part of the loans.

Nevertheless, on January 2013, the Defendant borrowed 1.5 million won to a bond company who is unaware of his name and transferred the above vehicle as security.

As a result, the Defendant concealed the above vehicle, which became the object of the victim’s right, by making it unknown of the whereabouts, and obstructed the victim’s exercise of right to collateral security.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A written application for the cancellation of a contract with the issuer;

1. Automobile register;

1. Application of the maximum Acts and subordinate statutes governing the exercise of automobile commuting mortgage;

1. Article 323 of the Criminal Act and Article 323 of the same Act concerning the relevant criminal facts and the choice of punishment;

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

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

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