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(영문) 서울중앙지방법원 2016.11.24 2016고단6327
권리행사방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant agreed not to arbitrarily dispose of the purchased vehicle, such as transfer, lease, creation of pledge, etc. of the purchased vehicle to another person without the consent of the victim until the repayment of the monetary obligation pursuant to the installment financing agreement is performed. On February 16, 2015, the Defendant set up a mortgage on the said vehicle with the maximum debt amount of KRW 12,80,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,

Nevertheless, the Defendant refused to demand the return of the victim to the said vehicle on February 15, 2016 and prevented the victim from exercising his/her right by concealing the vehicle which became the object of the right to collateral security by failing to make a payment for the said vehicle more than 8 installment payments and 9 installment payments thereafter.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol concerning suspect interrogation of C;

1. A complaint, copy or abstract of the register of automobiles, copy or abstract of the register of automobiles, loss of time limit, details of notification of voluntary auction, details of redemption, copy of an application for installment financing, copy of the written agreement of installment financing, and copy of

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 323 of the Criminal Act concerning the facts constituting an offense and Article 323 of the Selection of Punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: In light of the background and method of the instant crime, etc., the sentence of sentence to the effect that the nature of the instant crime is not less than that of the said crime: (a) the mistake is generally against the victim; (b) the initial agreement is reached with the victim; and (c) the initial crime is determined.

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