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(영문) 서울남부지방법원 2017.10.12 2017고정1461
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 October 27, 2013, the Defendant: (a) purchased rocketing car (B) from the Hyundai Capital Co., Ltd. at the purchase price of KRW 9.8 million; and (b) received loans from the victim Hyundai Capital Co., Ltd. at KRW 6.8 million, and concluded a collateral security agreement to pay the victim for equal division in the amount equal to 52,920 won each month between 36 months; (b) however, the Defendant paid the loans once and did not repay the loans from December 5, 2013.

On February 2, 2014, the Defendant borrowed KRW 3 million from a person who was absent from the fire at a non-permanent place, and provided the said car as security, making it difficult to find the said car.

Accordingly, the defendant concealed the defendant's car which is the object of the victim's right, thereby hindering the victim's exercise of right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. An application for the loan of modern capital;

1. Application of the certified copy or abstract of the motor vehicle registration ledger (A) to statutes;

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

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